SARASWATI BHAGAT Vs. KHURDULA SIVAKOTI

JUDGEMENT

(1.) This appeal under Sec. 100 of the Code of Civil Procedure, 1908 ('the Code', for brevity) is filed by the unsuccessful plaintiff assailing the decree and judgment dated 22.07.2010 of the learned X Additional Chief Judge, (Judge, Fast Track Court) City Civil Court, Hyderabad passed in AS.No.489 of 2004. The learned Additional Chief Judge while dismissing the said appeal had confirmed the decree and judgment of the trial Court dated 30.08.2004 passed in OS.No.1725 of 1999 filed by the sole plaintiff against the sole defendant (since died) for declaration of title and recovery of plaint schedule house property and damages at the rate of Rs. 1,000/ - per month from the date of suit till date of delivery of possession and for other reliefs.

(2.) I have heard the submissions of the learned counsel for the appellant/plaintiff ('the plaintiff', for brevity) and the learned senior counsel for the respondents 2 to 4/defendants 2 to 4, who are brought on record on the death of the sole defendant. I have perused the material record.

(3.) At the time of admission of this appeal, the grounds nos.4 to 11 mentioned in the memorandum of grounds of appeal were taken note of. However, the learned counsel for the appellant had stated at the time of hearing that the questions already formulated need not be considered and that they may be eschewed from consideration and that in the place of the said questions, the substantial questions, which are involved, may be reframed. Accordingly and as desired, the questions earlier framed are deleted. After hearing the learned counsel for both the sides, the following substantial questions of law were formulated by this Court.