SHAIK JAIN BASHA Vs. SAIK KHASIM SAHEB

JUDGEMENT

(1.) These two Civil Miscellaneous Appeals are between the same parties, and the subject-matter of the proceedings is almost the same. Hence, they are disposed of through a common judgment.

(2.) For the sake of convenience, the parties are referred to, as arrayed in C.M.A.No.296 of 2006. The 1st appellant is the daughter of late Galib Saheb. The deceased-1st respondent is their mother. The 3rd appellant is the son of the 1st appellant. Galib Saheb was employed in the Police Department and is said to have taken voluntary retirement, when he was working as Assistant Sub- Inspector. He died in the year 1966.

(3.) The 1st respondent filed O.S.No.135 of 1982 in the Court of Principal District Munsif, Kavali, against the appellants herein, for the relief of perpetual injunction, in respect of the suit schedule property. She pleaded that she purchased the property with her own funds, through a sale deed, dated 23-11-1959, and her eldest son, the 1st appellant, is trying to encroach into the property highhandedly. Subsequently, the plaint was amended, and the relief of recovery of possession was incorporated. It was urged that the 1st appellant had occupied a portion thereof, during the pendency of the suit. In his written- statement, the 1st appellant pleaded that his mother, the 1st respondent, did not have any independent resources or income of her own, and that the property was purchased with the income of his father, but in the name of the 1st respondent.