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1999 Supreme(AP) 929

I.VENKATANARAYANA
V. Venkateswara Rao – Appellant
Versus
Y. NAGESWARA RAO – Respondent


I. VENKATANARAYANA, J.

( 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 defendant











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