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2023 Supreme(AP) 984

V. GOPALA KRISHNA RAO
Indukuri Sattiraju – Appellant
Versus
N. Ramachandra Raju (Dismissed) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sai Gangadhar Chamarty, CCS Sastry, SAI Gangadhar Chamarty
For the Respondent: P Durga Prasad, Sita Ram Chaparla, K Jyothi Prasad

JUDGMENT :

1. This appeal is filed by the appellant/defendant challenging the judgment and decree, dated 05-9-1991, in O.S.No.139 of 1982, passed by the learned Subordinate Judge, Kovvur, West Godavari District. The respondents herein are the plaintiffs and the appellant is the defendant in the said suit.

2. The parties will hereinafter be referred to as arrayed before the trial Court.

3. The respondents/plaintiffs filed the suit for possession of plaint schedule property after ejecting the defendant therefrom and for profits and costs.

4. In a nutshell, the averments in the plaint are as follows:

The schedule property belonged to Bhupatiraju Bangararaju who had three sisters. Bagararaju executed a settlement deed during his lifetime on 08-4-1929 with regard to his property. The ‘A’ schedule mentioned in the settlement deed was given with absolute rights to his three sisters. The schedule property is part of the ‘B’ schedule. There is house property in the village. Bangararaju gave limited rights to his wife Rattamma in the plaint schedule property and house property without any right of alienation. As per the settlement deed, the plaint schedule property and the house property shall be

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