SHALK ABDUL KHADER Vs. VAKANTHAM NAGABHUSHANA RAO

JUDGEMENT

(1.) This is a Second Appeal by the unsuccessful plaintiffs in the suit. The suit was filed for declaration of title and for permanent injunction in respect of the plaint A and B schedule properties. Subsequently, the suit was converted into one for possession also.

(2.) It is the case of the plaintiffs that the 1 st defendant who was the original owner of the suit properties sold the same to his daughter Juleka Bi and her husband Kutubuddin (PW2) under three Registered Sale Deeds dated 22-8-1955, 22-8-1955 and 10-4-1957 marked as Exs.Al to A3 respectively and that they in turn sold the same to Plaintiffs 1 and 2 under Registered Sale Deed dated 15-2-1974 (Ex.A4). It is the further case of the plaintiffs that the 1st defendant subsequently executed a sham and nominal sale deed dated 8-4-1974 (Ex.B26) covering the suit properties in favour of defendants 2 and 3. As defendants 2 and 3 tried to interfere with the suit properties under the guise of the sale deed obtained by them, the plaintiffs filed the present suit.

(3.) As regards the plaint B schedule properties, it is the case of the plaintiffs that the said properties originally belonged to one Kulsum Bi and her husband Yatin Saheb. Plaintiffs father was brought up by them. After the death of Yatin Saheb and Kulsum Bi, plaintiffs father got the B-schedule properties and after his death, plaintiffs got the same by succession.