KUCHANAPALLI NEELAMA Vs. DEEKONDA SADANANDAM

JUDGEMENT

(1.) Defendants in O.S. No.207 of 1994, on the file of the Court of n Additional Senior Civil Judge, Warangal, are the appellants. The respondents filed the suit for the relief of declaration of title, in respect of the suit schedule property of 324 Sq. yards in Warangal Town, recovery of possession thereof and for award of mesne profits, at the rate of Rs.3,000/- per month, from the date of institution of the suit.

(2.) The suit was initially filed by the respondents 1 to 3, who are the sons of late Deekonda Ramachandram. During the pendency of the suit, the third respondent died, and his legal representatives, respondents 4 to 11, were brought on record. Appellants 1 and 2 figured as defendants. On account of the death of the second appellant, his legal representatives, appellants 3 to 7, were brought on record.

(3.) The respondents filed the suit pleading that late Ramachandram purchased the suit schedule property, through a sale deed dated 27-5-1960, marked as Ex.A-1, and constructed a shed therein. On 1-4-1974, the property is said to have been leased by Ramachandram, to the first appellant. It was pleaded that Ramachandram died on 30-1-1975, and sometime thereafter, the first appellant surrendered her lease. They alleged that a fresh lease commenced with effect from 6-3-1977, on a monthly rent of Rs.24/-, and when they insisted on enhancement of rent in 1985, the appellants surrendered the premises. It was their case that the first appellant filed O.S.No.171 of 1985, in the Court of Second Additional Junior Civil Judge, Warangal, against the respondents, for the relief of perpetual injunction, and on the strength of an order of temporary injunction, she entered the property once again, claiming title to the property in herself.