L.NARASIMHA REDDY
Takkolu Sidda Reddy – Appellant
Versus
Shaik Mahaboob Bi – Respondent
1. The appellants in the second appeal are the plaintiffs in O.S.No.308 of 1982 on the file of the III Additional District Munsif, Kadapa. One Malla Reddy, who figured as the 1st plaintiff in the suit, is the father of appellants 2 to 4 herein. Appellants 5 and 6 are other members of the joint family, headed by Malla Reddy. Respondent No.2 is the brother of the 1st respondent, and they are said to be moneylenders. The 3rd respondent is said to be a regular borrower from them. The suit was filed with a prayer to cancel the sale deed, dated 07.06.1969, and to declare that the appellants are the owners of the property. The relief in the form of perpetual injunction was also claimed. The case was that the suit schedule property of about Acs.14.00, was purchased by the appellants from one Mr.Boomi Reddy Nagi Reddy, through a sale deed, dated 28.08.1961. It was alleged that the 2nd plaintiff obtained non-encumbrance certificate for the land to obtain loan in the year 1982 by mortgaging the property, and it was mentioned in the certificate that the suit schedule property was sold by Malla Reddy on 07.06.1969, (Ex.A.12) in favour of respondents 1 and 2, for consideration.
2. The
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