PEDDA JAGANNADHA RAO Vs. RANANKI JANIKAMMA

JUDGEMENT

(1.) The appellants are spouses and the sole respondent is the sister of the 1st appellant.

(2.) The respondent filed O.S. No. 10 of 1986 in the Court of District Munsif, Tekkali, initially, for the relief of perpetual injunction, in respect of two items of schedule property. Subsequently, the suit was amended by incorporating the relief of recovery of possession of the said items. She pleaded that the properties were acquired by her mother and thereafter gifted to her, under a gift deed, dated 20-6-1970. She is said to have entrusted the properties to the 1st appellant, for management and taking advantage of the same, the latter stated asserting his own independent rights vis-a-vis the property.

(3.) On behalf of the appellants, a written statement was filed. They admitted that a gift deed (Ex.A. 1), dated 20-6-1970, was executed by the mother of the 1st appellant and the respondent. However, it was pleaded that the sad gift deed was cancelled through another deed, dated 18-1-1978 (Ex.B.1), and that on the same day, their mother gifted the suit schedule property in favour of the 2nd appellant under Ex.B.2.