ANKAM LAXMINARAYNA Vs. ANKAM BIXAPATHY

JUDGEMENT

(1.) This appeal is filed by unsuccessful plaintiff against the judgment and decree dated 31.01.1997 in O.S.No.278 of 1985 on the file of the I Additional Subordinate Judge, Warangal.

(2.) As this is a first appeal, the parties are arrayed and described as plaintiff and defendants only.

(3.) The plaintiff has filed the suit against the elder brother and sister-in-law. The case of the plaintiff is that the plaintiff and first defendant purchased a plot admeasuring 660 square yards for a consideration of Rs.2,000/- under a registered sale deed dated 16.02.1971. The sale deed is in favour the plaintiff and the second defendant. The plaintiff states that the second defendant is the nominee of first defendant. Later, while the second defendant wanted to apply for a loan at the Cooperative Society, the plaintiff states that he relinquished his rights in favour of second defendant only in order to facilitate the availment of loan. The plaintiff states that the second defendant availed the loan, but the plaintiff was also involved in the construction etc., of the property. The plaintiff also claims that in 1984-85 he demanded for partition of the property and as the partition was not agreed, the present suit is filed for a declaration that the release deed bearing No.978 of 1972 is void and not binding on the plaintiff for declaration that the plaintiff is entitled to half share in the suit schedule property excluding the value of the first floor for partition and other reliefs.