( 1 ) THIS Letters Patent Appeal is preferred by the original plaintiff in O. S. No. 43 of 1976 on the file of the Subordinate Judge Court, Rajahmundry. It was a suit for recovery of a sum of Rs. 16,000/- with interest and costs from the defendents on the allegation that the 1st defendent sold suit schedule -A property in favour of the plaintiff vide registered sale deed dated 18-4-1964 vide annexure A-1 for a consideration of Rs. 6,000/-; the B-schedule property were offered as security in the sale deed vide annexure A-1 towards the loss that may be caused to the plaintiff on account of any obstruction by any one at any time in future in respect of A-schedule property covered by the said deed. It is further alleged by the plaintiff that there is not only an obstruction to the title of the plaintiff but it is discovered that the defendents had no title to the property in as much as the plaintiff s vendor D. W. 1 claimed to have got the plaint A and B schedule property under the settlement deed ex. A-5, dated 4-9-1961 executed by one Smt. Galla Ammajirao who in turn got them under a partition decree under Ex. A-13, a decree in O. S. No. 47 of 1922, dated 4-2-1926 o