VENKATARAMANA RAO
T. Srinivasa Rao – Appellant
Versus
Annadhanam Seshacharlu – Respondent
Venkataramana Rao, J.
1. This second appeal arises out of a suit for a declaration that the sale of a house and lands (Ex. X) executed by defendants 1 and 2 in favour of the 3rd defendant is not binding on the plaintiffs beyond the lifetime of the 1st defendant. The 1st defendant is the daughter of one Tirupati Ramarao who died without any male issue leaving him surviving his widow Janaki Bai and his daughter the 1st defendant. The case for the plaintiffs is that the suit properties belonged to Ramarao and devolved on Janaki Bai by right of inheritance and on her death, on the plaintiffs and that the said alienation by the 1st defendant was not for any legal necessity. The case for the defendants is that the property was the absolute property of Janaki Bai, that she gifted it to the 1st defendant in or about 1904, that ever since the said date she had been in absolute possession and enjoyment of the property and acquired title thereto by adverse possession. The 1st defendant also pleaded that the said sale was made for discharging a prior mortgage which was executed for a necessary purpose, namely, for discharging certain debts incurred for repairs to the house, for medical
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