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2008 Supreme(AP) 185

G.YETHIRAJULU
Annam Malla Reddy – Appellant
Versus
Bangi Nagaiah – Respondent


Advocates appeared:
Counsel for petitioner: Sri P.V. Narayana Rao
Counsel for respondents: Sri I. Gopal Reddy

ORDER:

This Revision Petition has been preferred by the defendant/Appellant in A.S.No.3 of 1996 on the file of the Senior Civil Judge, Huzurabad.

2. The plaintiffs filed the suit for partition of the suit schedule property into three equal shares and to allot one such share to the plaintiffs with separate possession contending that they were in joint possession and enjoyment of the schedule property. The first defendant remained ex parte and the second respondent, who is the appellant in the Appeal, appeared through his counsel and filed written statement disputing the claim of the petitioners and contended that after the death of the father of the D-1, D-2 and his brother Bhadraiah alienated their share of land in the suit survey number including the area covered by the road and subsequently D-1, his brother Bhadraiah and their elder brother's adopted son Nagaiah jointly executed an agreement of sale in favour of D-2 and after receiving an amount of Rs.2,000/- as advance, he was put in possession of the suit land along with the share of Bhadraiah and since the date of sale, he was in possession and enjoyment of the same and his name was also recorded in the revenue records as poss
























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