SHAIK KHASIM SAHEB Vs. V R BABU

JUDGEMENT

(1.) Defendant 3 to 5 are the appellants. The plaintiff-respondent laid the suit for possession of the plaint A schedule properties free from obstruction of the defendants, after setting aside the alienation made in Ex. A-6, the sale deed dated May 6, 1972 in an extent of 46 cents by his mother Smt. Lakshminarasamma acting as a guardian on his behalf and also the exchange deed, Ex. A-7, dated February 1, 1971 exchanging the properties covered under B schedule therein for A schedule properties belonging to the mother of the plaintiff sold under Ex. B-4 by the mother herself as owner on the even date viz., February 1, 1971. The trial court declared them as void and not binding on the plaintiff. Thus this appeal.

(2.) The material facts practically not in dispute are that Sri Vasireddy Narasimha Rao is the father and Smt. Lakshminarasamma is the rnother of the plaintiff-respondent herein. The father and the mother of the respondent were living together. While so, the mother of the respondent purchased Ac. 2-11 cents under Ex A-3, sale deed, dated July 3, 1959 representing to be a guardian of the respondent. Out of this property she alienated 46 cents under a sale deed, Ex. A-6, dated May 6, 1972 in favour of the appellants. The respondent had attained majority on May 28, 1975 and thereafter he executed a ratification deed, Ex. A-9, dated January 17, 1976. Equally, Lakshminarasamma as the owner sold 50 cents of dry land to defendants 4 and 5 on February 1, 1971, under Ex. B-4, for valid consideration. It was recited in Ex A-7, the exchange deed of the even dated viz., February 1, 1971 that the lands sold are contiguous to the kinds of the plaintiff's brother's property and the lands of the family properties. The lands covered under Ex. A-7 are adjacent to the lands belonging to defendants 4 and 5. Therefore, for convenient enjoyment the lands sold under Ex. B-4 were exchanged with the lands covered under Ex. A-7. On atining majority the respondent ratified the exchange deed under ratification deed, Ex. A-10, dated January 17, 1976.

(3.) It is also in the evidence that there was partition between the father and two sons of the joint family properties under Ex. B-11 dated July 11, 1976. It was mentioned that the father of the respondent squandered away the properties.