SINGANABOINA MALLAIAH Vs. SINGABOINA MADHUSUDHAN

JUDGEMENT

(1.) Defendant No.4 and the legal representatives of defendant No.5, being defendants 9, 10 and 11, in O.S.No.32 of 1985, on the file of the Court of District Munsif, Kamareddy, filed this second appeal.

(2.) Respondents 1 to 4 are the plaintiffs. Respondents 5, 6 and 7 are defendants 1 to 3. Respondent No.8 is defendant No.6 and respondents 9 and 10 are defendants 7 and 8 respectively. During the pendency of the suit, defendant No.5 died and his legal representatives defendants 9, 10 and 11 were brought on record. For the sake of convenience, the parties shall be referred to as arrayed in the suit.

(3.) Plaintiff No.3 and defendants 1 to 3 are brothers and are sons of late Singanaboina Sivaiah. Plaintiff No.4 is their mother. Plaintiffs 1 and 2 are sons of defendants 1 and 2 respectively. They filed the suit for the relief of; (a) declaration that the lands in plaint A schedule are the ancestral property of the joint family, comprising of plaintiffs and defendants 1 to 3, and for consequential injunction against defendants 4 and 5 from interfering with their possession and enjoyment of the same; (b) further declaration that the entries in the revenue records from the year 1980-81, till the date of filing of the suit, in respect of the suit schedule property, are null and void and for a direction to cancel the same.