C. Y. SOMAYAJULU, J.

( 1 ) THIS is an appeal by the defendants in o. S. No. 8 of 1983 on the file of the Court of the I Additional Subordinate Judge, visakhapatnam. For the sake of convenience, the parties hereinafter would be referred to as they are arrayed in the trial court.

( 2 ) THE suit is filed by the respondent (plaintiff) against the appellants (defendants) for cancellation of the sale deed dated 30-03-1978 registered on 18-07-1981 in the Registrar s Office, visakhapatnam, i. e. , Ex. B-4. The case, in brief, of the plaintiff is that his father govinda Rao was the divided brother of venkata Lakshmi Narayana Rao (hereinafter called the deceased ), who after partition with his brother, acquired properties including the property described in the schedule appended to the plaint (for short the suit property), and died unmarried and issueless, bequeathing the suit property to him under the Will dated 27-10-1974 executed in a sound disposing state of mind. After the death of the deceased, plaintiff demanded rent from the tenants of the suit property, who informed him that defendants are claiming rents from them on the ground that they purchased the suit property from the decease

Click Here to Read the rest of this document