V VENKATESWARA RAO Vs. Y NAGESWARA RAO

JUDGEMENT

(1.) The first defendant is the appellant. A suit O.S. No.80 of 1995 has been filed by the plaintiff on the file of the Sub-Court, Avanigadda for declaration of title and possession of the Suit schedule property from the defendants.

(2.) For the sake of convenience the parties to this appeal would be referredto in accordance with their ranking in the suit.

(3.) The suit schedule property is a terraced house constructed in 3751/4square yards of site in assessment No.1131 of the village Mopidevi. The suit schedule property was purchased by 4th defendant on 5-3-1983. Originally it was a vacant site, but subsequent to purchase the 4th defendant has constructed a house. The defendants 1 and 3 are the son and daughter of 4th defendant. The 3rd defendant is the unmarried daughter of the 4th defendant. The 4th defendant executed the gift deeds on 10-8-1987 and on 21-8-1987 regarding the suit property benefiting the 3rd defendant with absolute rights. The 3rd defendant in her turn sold the suit property to the plaintiffs on 7-9-1988 under a registered sale deed. The plaintiff has contended in his plaint that he is neighbour to the defendants 3 and 4 and defendants 1, 3 and 4 promised him to vacate the house soon after they secured alternative accommodation. But the first defendant has served a caveat notice on the plaintiff according to which the suit property belongs to him and he sold the same under the agreement of sale to the second defendant. Jn such circumstances the plaintiff was constrained to file the present suit seeking declaration of title and for recovery of possession of the suit property.