L.NARASIMHA REDDY
Challa Srinivasa Rao – Appellant
Versus
Challa Subbarao – Respondent
1. The appellants herein are defendants in O.S.No.1914 of 2001 on the file of the Principal Junior Civil Judge, Vijayawada. The suit was filed for the relief of recovery of possession of the suit schedule property, an extent of Ac.1.33 cents of agricultural land. The trial Court decreed the suit through judgment, dated 31.12.2004. The appellants filed A.S.No.7 of 2005 in the Court of the Senior Civil Judge, Nuzvid. The appeal was dismissed on 24.08.2009. Hence, this second appeal.
2. The facts that gave rise to the filing of O.S.No.1914 of 2001 are as under:
3. The appellants filed O.S.No.1872 of 1987 in the Court of the III Additional District Munsif, Vijayawada against the respondents for the relief of perpetual injunction in respect of the same property. They relied upon a gift deed said to have been executed in their favour by their ancestor, by name Challa Nageswara Rao, one of the sons of Challa Pakeerayya. The respondents represent the other sons of Pakeerayya or their legal representatives. Appellants pleaded that Nageswara Rao in turn got the property in a partition that took place in the year 1973 and that he gifted it to them in the year 1987.
4. The re
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