GUNTURU VENKATA RAO Vs. GUNTURU VENKATESWARLU

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 30-12-1994 passed in O.S.No.150 of 1988 by the Additional Subordinate Judge, Ongole.

(2.) The appellant is the second plaintiff and the respondents are the defendants in the suit O.S.No.150 of 1988 filed for declaration of title and recovery of possession of the suit schedule property. During the pendency of the suit the first plaintiff died and the second plaintiff was the only beneficiary in respect of the suit schedule property vide settlement deed executed by the first plaintiff. The second plaintiff continued the suit. The trial Court after considering the oral and documentary evidence dismissed the suit holding thatthe suit schedule property is the joint family property and as such the plaintiffs are not entitled for declaration of title. Aggrieved by the same this appeal has been preferred.

(3.) It is the case of the first plaintiff that the suit schedule property, a residential house situated at Lambadi street, Ward No.2, Block No.6, Town Survey No.214 at Ongole is his self-acquired property having purchased the site under registered sale deed - Ex.A-1, dated 24-07-1934 from his self-accumulated funds and thereafter a house was constructed from his own means. It is stated that the defendants 1 to 3 are the sons of the first plaintiff; D-4 is the widow of the son of the first plaintiff; D-5 and D-6 are the issues of the deceased son of the first plaintiff and the fourth defendant; D-7 is the widow of deceased D-2 and D-8 and D-9 are the children of D-2. Thesecond plaintiff is the son of first defendant.