KOPPOLU OBANNA (DIED) Vs. BHEEMUNIPADU ABRAHAM (DIED)

JUDGEMENT

(1.) This appeal is filed by the legal representatives of the unsuccessful appellant/plaintiff in the suit O.S.No.2 of 1985, which was dismissed on 30.06.1997 by the Sub-ordinate Judge, Cuddapah.

(2.) The suit was filed by one K. Obanna for a declaration of his right and title to the plaint C-schedule property and other reliefs.

(3.) The suit was initially filed against one B. Abraham and Smt. B. Santhamma. The averments of the plaint are that B. Santhamma, second defendant and her mother purchased the A-schedule site by sale deed dated 25.03.1965. The mother relinquished her share in favour of the second defendant, vide a registered deed dated 03.02.1969. Thus, the second defendant became the owner of the entire property, which is described as B-schedule property. Thereafter, in 1984 after the property was developed, the second defendant gifted B-schedule property in favour of the plaintiff. The plaintiff is the brother of the second defendant. The second defendant also executed a rectification deed to correct an error in the said gift deed. This property is the C-schedule property of the plaint. As per the plaint, the husband of the second defendant viz., the first defendant and his children have been proclaiming their interest to claim title over the property. The plaintiff also states that after he got the tenants vacated, the first defendant and his sons trespassed into the property and have occupied the same. The second defendant also changed her stand and is residing with the first defendant. Therefore, the plaintiff filed the suit for declaration of his title over the C-schedule property and for other reliefs.