MUSLAREDDYGARU SUBBAMMA Vs. MULLA ISMAIL

JUDGEMENT

(1.) BOTH the second appeals are between the same parties and as regards the same property. They arise out of O. S. Nos. 10 of 1984 and 33 of 1988 on the file of the Subordinate judge, Nandyal. The appellants are the legal representatives of one Mr. Bhogi Reddy. He was the sole defendant in the 1st suit and sole plaintiff in the second suit.

(2.) RESPONDENTS 1 and 2 are the grandsons of one late Jaffer Saheb, He was the absolute owner and possessor of an extent of about Acs. 2. 80 cents of land in survey No. 180 of Kanala Village. The respondents filed O. S. No. 10 of 1984 in the Court of Subordinate Judge, Nandyal, against Mr. Bhogi Reddy, for the relief of declaration of title and perpetual injunction as regards the said land. It was pleaded that, Mr. Jaffer Saheb, had executed two gift deeds on 16. 3. 1981 in their favour, donating the suit schedule property and delivered possession to them. According to them, ever since the date of gift deeds, they are in possession and enjoyment of the property and, it was alleged that Bhogi reddy was interfering with their possession.

(3.) A written statement was filed in the suit stating that Jaffer Saheb executed an agreement of sale on 26. 9. 1964 offering to sell the land to Bhogi Reddy for a consideration of Rs. 1,000/-, per acre, and subsequent thereto, the further amounts were paid on 4. 10. 1964 and 29. 5. 1965. It was stated that the entire consideration was paid and possession of the property was delivered, and that there was absolutely no basis for the claim in the suit.