APPANA VENKATA LAKSHMI Vs. CHEBROLU RATNA MANIKYAMBA

JUDGEMENT

(1.) THE Second Appeal is filed by defendant No.6 in O.S.No.869 of 1993 on the file of the Principal Junior Civil Judge, Rajahmundry. The first respondent is the plaintiff. She filed the suit initially for the relief of perpetual injunction. Thereafter, she amended the suit by incorporating the prayer for declaration of title and recovery of possession of the suit schedule property comprising of a room of 16 square yards at Rajahmundry. The trial Court decreed the suit. Aggrieved thereby, the appellant and certain other defendants in the suit filed A.S.No.67 of 2000 in the Court of the V Additional District Judge (Fast Track Court), Rajahmundry. The lower appellate Court dismissed the appeal through its judgment, dated 26.02.2004.

(2.) THE facts, in brief, that gave rise to the filing of the suit and the subsequent appeal, are as under:

(3.) ORIGINALLY , the suit schedule property was held by one Smt Teegala Rattamma. The first defendant, by name Parvathamma, is her daughter and one T.Bhavanarayana is her son. The plaintiff (first respondent herein) and Teegala Veera Venkata Satyanarayanamurthy, the second defendant are the children of Bhavanarayana. During her lifetime, Teegala Rattamma executed a settlement deed, dated 28.08.1937, through which she created life interest in favour of her daughter, the first defendant, and vested remainder in favour of her son, Bhavanarayana. Alleging that the first defendant was trying to alienate the suit schedule property, the daugher of Bhavanarayana filed the suit for injunction, restraining her from alienating the suit schedule property, during her life time. The first defendant died, while the suit was pending. Pleading that the vested remainder accrued to Bhavanarayana and thereby, to his legal representatives, the prayer in the suit was amended to the one of declaration of title and recovery of possession. As observed earlier, the suit was decreed and the decree was upheld by the lower appellate Court.