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2024 Supreme(Online)(TEL) 19794

HIGH COURT OF TELANGANA
K.SURENDER, J
Akula Basamma – Appellant
Versus
Akula Narsingh Rao – Respondent


JUDGMENT:

1. The appellant (died during pendency of appeal) is the plaintiff in the lower Court. She filed suit for cancellation of sale deed No.653 of 1994 dated 28.03.1994, which was executed by the defendants 1 to 4 who are her sons in favour of defendants 5 and 6 in respect of land admeasuring Acs.10.37 guntas in Sy.No.123, situated at Nagireddypally village, Maheshwaram Mandal, Randgareddy District and further to direct defendants 5 and 6 to deliver the vacant and peaceful possession of the suit schedule property.

2. Briefly, the case of the plaintiff is that the suit schedule property was purchased by her husband on 19.03.1971 and thereafter, he died intestate on 05.12.1989. The plaintiff and her sons succeeded to the suit schedule property. However, in the month of December 2005, the plaintiff obtained certified copy of the revenue records and found that the entire extent of the suit schedule property was sold to the defendants 5 and 6 by her sons, who are defendants 1 to 4. The suit was filed on 03.03.2006.

3. Learned trial Judge framed the following issues for trial: i) Whether the plaintiff is entitled to declaration that the sale deed dated 28.03.1994 is null and void and

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