SHANTHA BAI Vs. SHANKER RAO

JUDGEMENT

(1.) These three second appeals have common basis and are in relation to the same item of property. Hence, they are disposed of through a common judgment.

(2.) For the sake of convenience, the parties are referred to by their names, to avoid any confusion.

(3.) The background of the appeals, in brief, is as under : One Sri Baswanth Rao had two sons, viz., Bheem Rao and Naga Rao. Bheem Rao's grandson is Shankar Rao, the contesting respondent herein. Naga Rao had a son, by name, Srinivas Rao, through his first wife- Laxmi Bai. After the death of Laxmi Bai, Naga Rao married Nagamani Bai. She acquired an extent of Acs.5.06 guntas of land in Survey No.418 of Madnoor Village, Nizamabad District and a house, bearing No.3-49, in that village, and died issueless. Srinivas Rao had a son by name Rajeshwar Rao. The first wife of Rajeshwar Rao, Smt. Parvathi, died, and after her death, he married, Shantha Bai, the appellant in SA Nos.1233 and 1287 of 2006. She sold the landed property to one Mr. Hanumath Rao, the appellant in SA (SR)No.29302 of 2007. Shankar Rao filed OS No.10 of 1999 in the Court of Senior Civil Judge, Bodhan, for the relief of declaration of title and perpetual injunction, in respect of two items of property, referred to above. He pleaded that Nagamani Bai, the second wife of Naga Rao, was looked after by him, since she had no issues, and out of love and affection, she executed a Will, dated 5.4.1970, marked as Ex.A.4, bequeathing her properties to him. He stated that, consequent on the death of Nagamani Bai, on 31.8.1978, he became the absolute owner, and despite that, Shantha Bai and her relations, by name, Bheemanna and Nagnath, who were impleaded as defendants in the suit, are interfering with his possession over the suit property. Shantha Bai, on the other hand, filed OS No.29 of 2000, in the same Court, against Shankar Rao, for the relief of perpetual injunction, in respect of the very property. According to her, she succeeded to the property, being the natural legal heir of Nagamani Bai and that the Will pleaded by Shankar Rao is fabricated. She too complained that Shankar Rao is interfering with her possession over the property. The trial Court clubbed both the suits. Through a common judgment, dated 1.8.2005, it decreed OS No.29 of 2000 and dismissed OS No.10 of 1999. Shankar Rao filed AS Nos.35 and 36 of 2005 in the Court of VII Additional District and Sessions Judge (FTC), Nizamabad, against the judgments and decrees in OS Nos.10 of 1999 and 29 of 2000, respectively. The appeals were allowed through common judgment, dated 31.8.2006. Aggrieved thereby, Shantha Bai filed S.A.Nos.1233 and 1287 of 2006. Hanumanth Rao, who purchased the landed property from Shantha Bai, during the pendency of the proceedings, filed SA (SR) No.29302 of 2007, with the leave of this Court.