M.BALVANTH REDDY Vs. M.DIGAMBAR REDDY

JUDGEMENT

(1.) This appeal is filed by the appellant - defendant aggrieved by the judgment and decree dtd. 13/9/2019 passed in O.S.No.714 of 2013 on the file of the IX Additional Chief Judge, City Civil Court, Hyderabad.

(2.) The parties are herein after referred as arrayed before the trial court.

(3.) The respondents - plaintiffs filed the suit for eviction of the defendant from the suit schedule items 1 and 2 of the properties and for damages and mesne profits for his illegal occupation in the said properties from the date of filing of the suit till the date of vacating the premises. The defendant was none other than the elder brother of the plaintiffs. The plaintiffs contended that their mother acquired the house bearing Municipal No.18/4/711 and 712 with an area of 300 square yards having purchased the same from Abdul Gafoor under registered sale deed dtd. 25/9/1961 registered in the Office of the SubRegistrar, Azampura, Hyderabad and out of love and affection towards the plaintiffs, gifted the said property in favour of the plaintiffs vide registered gift settlement deed bearing Document No.4090 of 2004 dtd. 26/11/2004. Likewise, their mother had also acquired Item 2 of the schedule property vide registered sale deed bearing Document No.3812 of 1982 registered on 8/6/1982 in the Office of the District Registrar, Registrar Office, Hyderabad from Smt.T.Savithramma and gifted a portion of the said house bearing No.4/8/50/1/3 admeasuring 20 square yards to each of the plaintiffs by way of registered gift settlement deeds on 15/10/2003. The defendant No.1 was residing in the western portion of item No.1 of the schedule property consisting three (03) rooms in about 100 square yards of land.