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1995 Supreme(AP) 296

B.K.SOMASEKHARA
Vasant Rao – Appellant
Versus
Farooq Ali – Respondent


B. K. SOMASEKHARA, J.

( 1 ) THE Judgment and the decree of the learned District Judge, adilabad, (Mr. V. V. S. Krishna Murthy) in o. S. No. 35 of 1971 dated 5-11-1982 have been the subject of assailment in this appeal. The appellants are the plaintiffs and the respondents are the defendants in the Suit. The suit was dismissed

( 2 ) DEFENDANT No. 3 is the father and defendant No. 4 is that mother of the plaintiffs. The suit is filed for declaration of title and possession of the suit property which is described in the suit schedule as survey No. 764 of Mudhole with an extent of Acs. 34-14 guntas of land The plaintiffs claim their title to the suit property; while they were the minors, dieir mother defendant No. 4 alienated the suit property in favour of Defendant No. 1 under the suit sale deed Ex. A. 2 equivalent to Ex. B. 1 dated 16-10-1956 without consideration, without any legal necessity, under the pressure and influence of their fadier, defendant No. 3, who was very easy going and gay in his style of life. They pleaded that such an alienation by Defendant No. 4 is not binding upon them and they are entitled to continue to have the title of the suit property and also the possessio































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