KANCHUBOYINA APPAYAMMA ALIAS PADMAVATHI Vs. GUNDA SANTHA KUMARI

JUDGEMENT

(1.) GUNDA Santha Kumari, mother of respondents 1 to 4 {for short "the respondents"}, filed O. S. No. 303 of 1987 in the Court of the II Additional district Munsif, Visakhapatnam, against the appellant and the fifth respondent initially for the relief of perpetual injunction in respect of the suit schedule property. She pleaded that suit schedule property was, initially, acquired by the fifth respondent under an agreement of sale dated 22. 04. 1982; she purchased the same and constructed a house thereon. Her complaint was that the appellant herein is trying to interfere with her possession over the suit schedule property.

(2.) THE appellant filed written statement opposing the suit. She pleaded that an extent of 100 square yards of land was purchased by her from the fifth respondent under a registered sale deed 11. 08. 1982 and that she is in possession and enjoyment thereof, in her capacity as owner.

(3.) DURING the pendency of the suit, Santha Kumari filed I. A. No. 35 of 1993 to amend the plaint, to incorporate the relief of recovery of possession. The I. A. was ordered. Through its judgment dated 27. 01. 1993, the trial Court dismissed the suit. Aggrieved thereby, Santha kumari filed A. S. No. 10 of 1994 in the Court of II Additional District Judge, Visakhapatnam. During the pendency of the appeal, she died and her legal representatives were brought on record.