HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

JUDGMENT:

This Second Appeal is filed challenging the judgment and

decree, dated 30.12.2024, passed by the V Additional District Judge, Bhodhan, in A.S.No.36 of 2019, where under and whereby the judgment and decree, dated 13.11.20219 passed by the Senior Civil

Judge, Bhodhan, in O.S.No.39 of 2014 was confirmed.

2. The appellants herein are plaintiffs and respondents are defendants, before the trial Court. For convenience, hereinafter the

parties are referred to as they are arrayed in the suit.

3. The brief facts of the case as narrated in the plaint are that plaintiff filed a suit in O.S.No.39 of 2014, seeking declaration that the plaintiffs are the owners and possessors of the schedule property. In the plaint it is averred that plaintiffs 1 and 2, the 1st defendant and one Late P.Prabhakar Reddy are the sons of late Pamireddy Venkata Reddy and late P.Gangamma. The 2^nd and 3^rddefendants are the legal heirs of P.Prabhakar Reddy, the 4^th and 5^th defendants are the sisters of

the plaintiffs and the 1^st defendant. Though all originally belong to Dokiparru village of Gudlavalleru Mandal of Krishna District, Andhra Pradesh State, after death of plaintiffs’ father, family members along with their mother P. Gangamma migrated to Nizamabad in search of livelihood in the year 1958;that the plaintiffs’ father was having agricultural land of Ac.4.00cents in their native village Dokiparru and the plaintiffs family was Hindu undivided family and that the 1st plaintiff being elder and Kartha of family purchased various properties at various places and kept in the names of family members, the details are as follows:

Year of Sl. Sy. Extent of On the HUF name Place & district Purchas No. No. Land of purchases property situated e P.Chinna Rami Jaithapur, Nizamabad

1. 112 1957 Ac.10-12 gts.

Reddy. District.

Jaithapur, Nizamabad

2. 125 1970 Ac.02-08 gts. P.Prabhakar Reddy.

District.

Jaithapur, Nizamabad

3. 111 1970 Ac.01-02 gts. P.Bhaskar Reddy.

District.

Jamlam, Nizamabad

4. 230E 1974 Ac.04-00 gts. Smt.P.Gangamma.

District.

Jamlam, Nizamabad

5. 230EE 1974 Ac.02-27 gts. P.Bhaskar Reddy.

District.

Pocharam, 6. 106/3 1976 Ac.06-30 gts. P.Manohar Reddy.

Nizamabad District.

Pocharam, 7. 106/3 1976 Ac.04-00 gts. P.Prabhakar Reddy.

Nizamabad District. Jamlam, Nizamabad

8. 225 1980 Ac.04-04 gts. P.Bhaskar Reddy.

District.

Jamlam, Nizamabad

9. 238/2 1980 Ac.04-04 gts. P.Prabhakar Reddy District Ac.03-67 Musunuru, Krishna

10. RS 23 1981 P.Manohar Reddy Cents District RS Ac.09-00 Musunuru, Krishna

11. 1981 P.Manohar Reddy

35/2 cents District

4. It is averred that during 1975, the defendant No.1, became major and all the family members sold their land under two registered said sale deeds and with the said sale consideration amount, plaintiff No.1, purchased Ac.4.00 in the name of his mother P.Gangamma; Ac.2-27guntas in the name of plaintiff No.2; and also other properties upto1981 and they all lived jointly till 2000 and totally acquired an extent of Ac.97.23 guntas. It is further averred that on demise of plaintiffs’ brother P.Prabhakar Reddy on 26.03.1997, differences arose among the family members and they decided to divide kitchens keeping immovable properties joint, however, on demand of the defendant No.1, they decided to divide the immovable properties among the family members by metes and bounds; that all the family members entered into Oppudala Pathram on 11.06.2000 and the same was signed by all the family members except defendant No.4 and 5, as they married and went away and defendant No.1 was given 20 acres towards his share, out of Ac.46-09 cents and he relinquished all his rights over the properties in Pocharam, Jamlam and Jaithapur villages, in favour of defendant No.2 and 3 and some property was kept in joint in view of old age of the plaintiff’s mother; that defendant No.1, got executed the said Oppudala Patram with an ill intention and he also obtained Will dated20.01.2001 from their mother when she was sick and went into Coma a