RAYADURGA PEDA REDDEPPA Vs. RAYADURGAM NARSHIMHA REDDY

JUDGEMENT

(1.) Defendant in O.S.No.421 of 1996, on the file of the Senior Civil Judge, Filer, assails the order, dated 26/10/2004, passed by the trial court, refusing to receive a document in evidence.

(2.) The deceased first respondent and deceased petitioners 1 and 2 are brothers. Respondents filed a suit for declaration of title and recovery of possession of the suit schedule property. It was urged that the suit schedule property was initially purchased, by the mother of the first respondent and petitioners 1 and 2, by name Smt. Achamma, and she in turn, sold it to the first respondent, through a sale deed. It was urged that in spite of such an exclusive sale, the petitioners herein are in possession of the property.

(3.) The petitioners, on the other hand, pleaded that during the life time of Achamma, the first respondent obtained a sale deed from her clandestinely, and ultimately, when it was challenged by the respondents and other village elders, he executed a document dated 26/2/1965, stating that he purchased the property from their mother, with a view to protect it from others, since the petitioners 1 and 2 were not available at a time, when the health of their mother was failing.