V. RAJAGOPALA REDDY, J.

( 1 ) THE appeal arises out of the judgment and decree passed by the VIth additional Judge, City Civil Court, Hyderabad, in O. S. No. 1110/81, decreeing the suit in part.

( 2 ) THE 1st respondent-plalntiff filed the suit for recovery of possession ofa Schedule property and for permanent injunction restraining the defendants- respondents 3 to 5 from interfering with the possession and enjoyment of b Schedule property/and for damages for the use and illegal occupation of plalnt-A Schedule portion. The suit was decreed except for the relief of awarding damages. The facts, in brief, are as follows: the parties are referred to as they are arrayed in the suit. Sharbati Bai was married to one Ganesh Lal, who had four sons viz. , Brijmohan, Shambudayal gupta, Jagadish Pershad and Omprakash Gupta. Ganesh Lal died in 1973 leaving his widow Sharbati Bai and his sons.

( 3 ) SHARBATI Bai and Ganesh Lal along with his four sons constituted Hindujoint Family. Brijmohan, married 1st defendant. His son is the 2nd defendant. Brijmohan predeceased his father. Sharbati Bai had originally purchased an old building in Charkaman locality, Hyderabad, through a registered sale deed dt. 2-9-1960 from Smt. Gilli Bai, her brother s wife. She thereafter, got demolished the old house and constructed mulgies on the ground floor and residential portion on the 1st floor and one room on the 2nd floor. Ganeshlal was earlier living in a rented house and after the purchase of the house the family moved into the house. Sharbati Bai entered into an agreement with the plalntiff on 10-2-1978 to sell the building for a consideration of rs. 30,000/ -. She later on entered into another a greement dt. 20-3-1978 agreeing to sell the said building in two portions, separately, in favour of the plalntiff for the same consideration of Rs. 30,000/ -. Accordingly sale deed dt. 5-12-1980 was executed in favour of the plalntiff for eastern portion and possession was obtained by the plalntiff having received Rs. 12,000/ -. Subsequently, the western portion was sold under sale deed dt. 4-6-1981 for an amount of rs. 18,000/ -. Thus the plalntiff became absolute owner of the entire house comprising A and B Schedule properties. It was alleged that defendants 1 and 2 along with defendants 3 to 5, the tenants in the house, trespassed into plalnt a Schedule portion of the suit house on 1-7-1981 and illegally occupied the same and refused to vacate the same. They are liable to vacate the same and also pay damages for use and occupation at the rate of Rs. 2,000/- p. m. They also threatened to occupy the plalnt-B Schedule property. Hence, the suit.

( 4 ) THE case of the defendants 1 and 2 as reflected in their written statementis that the suit house is the joint family property as it was purchased out of joint family funds, though the sale deed was obtained benami in Sharbati Bai s name. The old house was thereafter demolished and the present suit property was constructed by Ganeshlal during his life time with the joint family funds. After his death the 1st and 2nd floors were constructed again with the joint family funds by his sons. It is their case that the agreements dated 10-2-1978 and 20-3-1978 executed in favour of the plalntiff are bogus. The sale deeds dated 5-12-1980 and 4-6-1981 are also bogus and sham, brought into existence at the instance of plalntiff s husband. Sharbati Bai was not competent to enter into agreements or executing the sale deeds in respect of the joint family property. The family was having jewellery business under the name and style "brijmohan Jewellers" located in two rented mulgies run by Omprakash Gupta and Jagadeesh Pershad, P. W. I and D. W. I, the sons of Ganesh Lal. It was also averred that Om Prakash Gupta, son-in-Law of Sharbati Bai and his Manager used to secrete all the stocks in trade consisting of valuable gold and silver articles, since Jagadeesh Pershad was innocent, as a result Jagadeesh Pershad issued a notice dated 23-3

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