G NARASIMHULU CHETTI Vs. S PANDURANGAIAH CHETTI

JUDGEMENT

(1.) This LPA arises out of the judgment and decree of the learned single Judge in A.S. No. 1772/84, dismissing the appeal though for different reasons and confirming the judgment and decree in O.S. No. 72/75 on the file of the Principal Subordinate Judge, Chittoor.

(2.) Originally there were three plaintiffs. On the death of the 1st plaintiff, his legal representatives were brought on record as plaintiff No. 4 and defendants 6 and 7. Defendants 1 and 2 also died and their legal representatives were brought on record as defendants 8 to 16. Defendants 2 to 5 were the tenants of the suit property. The suit was for declaration of title to the suit property, which is a house and vacant site and for possession. The suit was dismissed by the trial court and in appeal the learned single Judge confirmed the trial court's decree and judgment, though for different reasons. Hence this Letters Patent Appeal by the plaintiffs.

(3.) The facts are not in dispute. Two ladies Kamalambal and Lokambal executed the deed Ex. A4 on 22-5-1958 in favour of P. W. 1, who is the son of Kamalambal's husband by his first wife, in respect of various properties including the suit property. Nearly 11 years thereafter, both the ladies executed cancellation deed Ex. B5 dated 20-8-1969 cancelling Ex. A-4 and simultaneously executed a gift deed Ex. B-6 gifting away the suit property in favour of the father of the 1st defendant. Subsequently on 5-12-1969 the two ladies executed a relinquishment deed Ex. A-10 in favour of P.W.1 in respect of several properties covered by Ex. A-4, but excluding the suit property. The plaintiffs are the purchasers of the suit property from P.W.1 under the sale deeds Ex. A-1 to A-3. The sale deeds were attested by the surviving sister Kamalambal, Lokambal having been passed away by that time. Subsequently Kamalambal also died.