YASEEN Vs. GAJULA KRISHNA MURTHY

JUDGEMENT

(1.) Heard Sri Mohd Imtiazuddin Siddique, learned counsel for the appellants and Sri M.S.N.Prasad, learned counsel for the respondent Nos. 1 and 2. Perused the record.

(2.) This Second Appeal is preferred aggrieved by the dismissal of appeal in A.S.No.22 of 2021 on the file of learned Principal District Judge at Peddapalli District, dtd. 6/12/2023, confirming the judgment and decree dtd. 15/2/2018 in O.S.No.49 of 2003 on the file of learned Senior Civil Judge, Peddapalli wherein a suit filed seeking declaration of title and grant of perpetual injunction has been decreed with costs. The parties are referred as they were arrayed before the trial Court in O.S.No.49 of 2003.

(3.) The plaintiff's case is that one Vikharuddin Farooqi was the owner, pattadhar and possessor of suit schedule property in Sy.No.94 admeasuring acres 04.34 guntas of their agricultural lands situated at Madipalli Village, Kalva Srirampur Mandal, Karimnagar District. After the death of said Vikharuddin Farooqi, his legal heirs succeeded to the property. The plaintiffs purchased said land from the legal heirs of Vikharuddin Farooqi under a registered sale deed document No.685 of 2001 dtd. 3/4/2001. The defendant No.2, who is the wife of Vikharuddin Farooqi, is the GPA holder of her son and she executed the sale deed on behalf of herself and her son. Thus, the plaintiffs became owners and possessors of the suit schedule property. The plaintiffs were issued with pattedar passbooks and title deeds for the suit schedule property. While so, the defendant No.1, who has no right in the suit schedule property, threatened to dispossess the plaintiffs on the basis of a simple sale deed allegedly executed by the deceased Vikharuddin Farooqi.