KUKKALA BALAKRISHNA Vs. VIJAYA OIL MILLS

JUDGEMENT

(1.) Plaintiffs in O.S. No. 235 of 1995 on the file of the I Additional Junior Civil Judge, Bhimavaram are the appellants. The suit was filed for declaration that item No. 2 of the plaint schedule property is their absolute property, and for a perpetual injunction restraining the 7th respondent herein, from obtaining possession of the said item, either through the process of the Court or otherwise.

(2.) The trial Court dismissed the suit, through its judgment dated 31-10-2000. Thereupon, they filed A.S. No. 1 of 2001 in the Court of Senior Civil Judge, Bhimavaram. The appeal was dismissed on 27-9-2004. Hence, this Second Appeal.

(3.) The appellants are the sons of the 2nd respondent, by name, Venkateswara Rao. The father of the 2nd respondent, Mr. Manikyam, purchased item 1 of the suit schedule property admeasuring 73 cents in R.S. No. 212/4 of Goraganamudi village, through a sale deed, dated 4-5-1963 (Ex. A-1), and item 2, an agricultural land, admeasuring Ac. 1.36 1/2 cents in R.S. No. 224, through sale deed, dated 5-9-1966 (Ex.A-2). Item 3 is said to have been purchased by him, through sale deed, dated 21-12-1967 (Ex.A-3).