K. MADHAVA REDDY, J.

( 1 ) THIS appeal by the defendants is directed against the judgment and decree of the learned Subordinate Judge Adoni in A. S. 12 of 1970 reversing the judgment and decree of the learned Munsif Magistrate in O. S. 66 of 1968.

( 2 ) THE suit is for recovering of possession of a house bearing No. 7/125 in Bathamcherla Panchayat. That house belonged to one Ali Khan, the father of the plaintiff. Ali Khan had put one Dasari Subbana in possession of the said those by way of usufructuary mortgage till a loan of R. 50/- taken by him was discharged. This house was the subject-matter of a partition suit. O. S. 76/59 on the file of the Sub-Court, Kurnool, Under the file decree I that suit, the plaint schedule property fell to the share of Nabi Khan/ Nabi Khan executed a gift deed dated 2/6/1067 in favour of the first defendant is the husband of the first defendant. The said gift-deed is marked as Ex. B-1 Nabi Khan who was the resident of Kurnool died on 9-6-1967. The plaintiffs who are the heirs of Nabi Khan have session present suit for recovery of possession of the suit house contending, interalia, that the gift-deed executed by Nabi Khan in favour of the first defendan

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