KANDAKURTHI LINGAIAH Vs. PAMALAPATI VISWESHWARA RAO SUBBAIAH

JUDGEMENT

(1.) The first defendant is the appellant in this appeal. The suit is filed for a declaration that the alienation made by the second defendant father of the plaintiffs 1 and 2 of an extent of Acs. 8-06 cents in favour of the first defendant is not valid and binding on them and the decree obtained by the first defendant against the second defendant is null and void and liable to be set aside and also for possession of the property.

(2.) The first defendant raised the plea that the property alienated by the second defendant is self acquired property and the decree obtained against him is valid and binding on the plaintiffs and the suit is liable to be dismissed.

(3.) The trial Court on the relevant issues found that the suit property is ancestral property and the agreement executed by the second defendant on 2-5-1964 is not binding and also the decree obtained by the first defendant against the second defendant and consequently decreed the suit to the extent of the share of the plaintiffs in the suit land holding that the decree is not binding and liable to be set aside.