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1999 Supreme(AP) 1036

C.V.N.SASTRY
Shalk Abdul Khader – Appellant
Versus
Vakantham Nagabhushana Rao – Respondent


C. V. N. SASTRY, J.

( 1 ) THIS is a Second appeal by the unsuccessful plaintiffs in the suit. The suit was filed for declaration of title and for permanent injunction in respect of the plaint A and B schedule properties. Subsequently, the suit was converted into one for possession also.

( 2 ) IT is the case of the plaintiffs that the 1 st defendant who was the original owner of the suit properties sold the same to his daughter Juleka Bi and her husband kutubuddin (PW2) under three Registered sale Deeds dated 22-8-1955, 22-8-1955 and 10-4-1957 marked as Exs. Al to A3 respectively and that they in turn sold the same to Plaintiffs 1 and 2 under Registered sale Deed dated 15-2-1974 (Ex. A4 ). It is the further case of the plaintiffs that the 1st defendant subsequently executed a sham and nominal sale deed dated 8-4-1974 (Ex. B26) covering the suit properties in favour of defendants 2 and 3. As defendants 2 and 3 tried to interfere with the suit properties under the guise of the sale deed obtained by them, the plaintiffs filed the present suit.

( 3 ) AS regards the plaint B schedule properties, it is the case of the plaintiffs that the said properties originally belonged to one Kulsum Bi














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