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2024 Supreme(AP) 288

VENUTHURUMALLI GOPALA KRISHNA RAO
Kasani Subba Rao – Appellant
Versus
Puli Radhakrishna Murthy – Respondent


Advocates appeared:
Sri. P Anand Seshu, Counsel for the Appellant; V S R Anjaneyalu, Counsel for the Respondents; Vajjhala Satyanarayana Prasad, Counsel for the Respondents.

JUDGMENT

Venuthurumalli Gopala Krishna Rao, J. - This Appeal, under Section 96 of the Code of Civil Procedure [for short 'the C.P.C.'], is filed by the Appellants/defendants challenging the Decree and Judgment, dated 28.04.2006, in O.S. No.34 of 2000 passed by the learned III Additional District Judge, Guntur [for short 'the trial Court']. The Respondent herein is the plaintiff in the said Suit.

2. The respondent/plaintiff filed a Suit for declaration that the cancellation deed dated 24.07.1995 is invalid and has no legal effect in view of the gift deed dated 27.03.1984 and for consequential relief of possession of the plaint schedule property, for past mesne profits of Rs. 8,000/- at the rate of Rs. 4,000/- per annum for the years 1998-1999 and 1999-2000 and for future mesne profits over the plaint schedule property.

3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.

4. The brief averments of the plaint, in O.S. No.34 of 2000, are as under:

    The plaintiff's mother's brother by name Kasani Venkata Subbaiah, who was the owner of the plaint schedule property, executed a gift deed in respect of plaint schedule property on 27.03.1984, (an extent

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