VULAVAKAYALA LAXMI Vs. DHULIPUDI VEERASWAMY

JUDGEMENT

(1.) This Second Appeal is filed by the plaintiffs in O.S.No.92 of 1992, on the file of the Subordinate Judge, Pithapuram, against the judgment and decree dated 24-8-2005 in A.S.No.75 of 2000, passed by the Court of Principal District Judge, West Godavari, at Rajahmundry. The said appeal was filed by the 4th defendant against the decree and judgment dated 26-4-1996 passed by the trial court.

(2.) During the pendency of the suit, the 1St plaintiff, Vulavakayala Subba Rao, died, and his legal representatives were brought on record. For the sake of convenience, the parties are referred to, as arrayed in the suit.

(3.) The plaintiffs filed the suit against the defendants, for the relief of declaration of title and recovery of possession of the suit schedule property. In the alternative, they prayed for the relief of partition of the suit schedule property and allotment of corresponding shares, to them. The 1st defendant is the son, 2nd defendant is the wife'and 3rd defendant is the daughter of Manikyalu The plaintiffs purchased the suit land from defendants 2 and 3, through two separate sale deeds, dated 19-9-1991, and the said transactions were rectified, through deeds dated 17-6-1992. Their complaint was that the 1st defendant, son of late Manikyalu, had executed a sale deed, in respect of the very property in favour of 4th defendant, and on the strength of the same, 'the 4th defendant dispossessed the plaintiffs.