BANDARU VENUGOPALA RAO Vs. ALLURE ANASUYA

JUDGEMENT

(1.) This appeal under Sec. 96 CPC is from defendant No.1 in the suit. He assails the judgment dtd. 20/1/2010 of learned III Additional District Judge, Fast Track Court, Bhimavaram in O.S.No.80 of 1999.

(2.) 1st respondent herein was the sole plaintiff in the said suit. 2nd and 3rd respondents were the 2 and 3rd defendants in the suit.

(3.) The dispute is about four items of immovable properties situate in Kalla Village. They are described in the plaint as A schedule properties. In the suit, the plaintiff claimed title over these schedule properties. Plaint contains detailed averments as to the source of title claimed by the plaintiff. Item Nos.1, 2 and 3 of plaint - A schedule are stated to be exclusively owned by the plaintiff. Item No.4 of the plaint - A schedule is also claimed to be the exclusive property of the sole plaintiff. Defendant Nos.2 and 3 in the suit were originally not parties to the suit. They are very children of the sole plaintiff. After they came on record with a claim that item No.4 of the plaint - A schedule belonged to their father and therefore their mother alone could not be the sole owner of it and they also hold share over that property. It is only with reference to item No.4, the defendant Nos.2 and 3 laid their claim. During the course of trial, plaintiff admitted the plea of her children/ defendant Nos.2 and 3. On rest of the contentions, they sailed with the plaintiff.