PEDDAPALLI BUDHA BAI Vs. VADDI MASANNA

JUDGEMENT

(1.) This second appeal is filed against the judgment and decree in AS No.4 of 2007, passed by the Court of the I Additional District Judge, Adilabad, reversing the judgment and decree in OS No.14 of 2003 on the file of the Junior Civil Judge, Adilabad.

(2.) The deceased 1st respondent (plaintiff) filed the suit against the appellants (defendants 1, 2 and 4) and the 4th respondent (defendant No.3), for the relief of declaration, to the effect that he is the owner of the suit schedule properties, and for eviction of the defendants from the same. For the sake of convenience, the parties herein are referred to, as arrayed in the suit.

(3.) The brief background is, as under : Vaddi Mallanna, the father of the plaintiff had three daughters, through his first wife, by name Gangamma. Thereafter, he married Smt. Kishta Bai, somewhere in 1950's. Gangamma gave birth to the plaintiff, after the marriage between Mallanna and Kista Bai. By the time she was married to Mallanna, Kishta Bai had a 9 years old daughter, i.e., the 1st defendant. Mallanna died when the plaintiff was about 3 years old. It is stated that the elders in the family have settled a house and six acres land, i.e., the suit schedule property herein, upon Kishta Bai with a condition that after her death, the property shall revert back to the plaintiff. Kishta Bai died on 2.7.2002. Thereafter the plaintiff demanded the 1st defendant, the daughter of Kishta Bai, to deliver the possession of the property. The agriculture laud is said to be under the cultivation of the 2nd defendant. Defendants 3 and 4 are the daughters of defendant No.1. Complaining that, in spite of repeated demands the possession of the house and land was not delivered, the plaintiff filed the suit for declaration and possession.