GANTA MUNEPPA Vs. THOOPALLE SREEKANTHAIAH

JUDGEMENT

(1.) Defendants 2 to 4 in O.S. No.422 of 1982 on the file of the I Additional District Munsif, Madanapalle filed this second appeal.

(2.) The first respondent filed the suit, initially for the relief of perpetual injunction against the appellants and their other brother, the second respondent herein. He pleaded that Appellants 1 and 2 herein sold their share of land in Sy. Nos.1165/1 and 1166/B admeasuring Ac.0.51 cents each, through separate sale deeds, dated 22-6-1967 and 18-8-1967. He contended that ever since the date of sale, he is in possession and enjoyment of the property and that the appellants and the second respondent started interfering with his possession.

(3.) The appellants and their brother filed a written statement admitting the execution of the sale deeds but pleaded that they were nominal. It was also contended that the suit schedule property belongs to joint family, comprising of themselves, another brother and their sisters and, at the most, the first respondent could have filed a suit for partition. It was in this context that the first respondent amended his plaint, incorporating the prayer for partition of the suit schedule properties and allotment of the suit land towards his share. The appellants did not file any written statement, after the suit was amended.