J U D G M E N T :

1. The instant Appeal Suit has been filed by the appellants/defendants challenging the judgment and decree in OS.No.5 of 1997, dt.26.04.1999, on the file of the Senior Civil Judge, Wanaparthy, Mahaboobnagar District.

2. For brevity and better understanding of the case, the parties will hereinafter be referred as they are arrayed in the suit.

BRIEF FACTS OF THE CASE:

3. The plaintiffs have filed the said suit seeking declaration of title and consequential perpetual injunction restraining the defendants and their men from interfering into the plaintiffs’ peaceful possession and enjoyment over the suit schedule properties. It is the case of the plaintiffs that late Kamsali Krishnaiah was the absolute owner and possessor of suit schedule properties and he contracted three marriages and first wife being Smt. Alivelamma, the plaintiff No.2 is the daughter of Sri Kamsali Krishnaiah, born through first wife Smt. Alivelamma and after the death of first wife, Smt. Alivelamma, the said late Sri Kamsali Krishnaiah married the 1st plaintiff around 50 years back and thereafter, as the 1st plaintiff could not conceive, late Sri Kamsali Krishnaiah married one Smt. Nagalakshmamma, who died issueless about six years prior to the filing of the said suit. In brief, the 1st plaintiff is the second wife, and the 2nd plaintiff is the daughter of late Sri Kamsali Krishnaiah born through Alivelamma.

4. It is the specific case of the plaintiff that besides the suit schedule properties, late Sri Kamsali Krishnaiah had some more lands, which were disposed of to meet the family requirements and further, he owned a house at Srirangapur, which became dilapidated and thereafter constructed houses bearing No.14-23 and 14-24, at Wanaparthy and it is stated that the said house still stands in the name of 1st plaintiff. It is further stated that the said Kamsali Krishnaiah also purchased another house, which is in Kaman area of Wanaparthy, however it was sold by the 1st plaintiff to meet the medical expenditure of late Sri Kamsali Krishnaiah. Late Sri Kamsali Krishnaiah was a goldsmith and was carrying on business at Wanaparthy. Simultaneously, he was also managing agriculture at Srirangapur, and the said suit schedule property was being cultivated by late Sri Kamsali Krishnaiah. It is further stated that the plaintiff No.2 was married to one Meghanatha Chary of Kollapur and nothing was given to her at the time of marriage. Subsequently, late Sri Kamsali Krishnaiah expired on 02.09.1996 in the house of the 1st plaintiff at Wanaparthy due to ailments as he suffered from fracture of his pelvic bone about five years prior to his death by an accidental fall at the house of Kumaraswamy at Wanaparthy.

5. It is the specific case of the plaintiffs that the 1st plaintiff provided all the medical treatment to her husband late Krishnaiah at various places and that late Sri Krishnaiah was not able to write and sign for three or four years preceding his death as his nervous system was impaired partially affecting his movement of fingers for couple of months and was under constant treatment. The defendants are the sons of one Madhavachary and their grandfather Sri Janaiah was the step brother of Kamsali Krishnaiah, and none of them or other near and dear relatives were in cordial terms with late Sri Kamsali Krishnaiah, and they had nothing to do with the properties of Kamsali Krishnaiah.

6. It is the specific case of the plaintiffs that they have exercised all rights as owners and possessors of the suit schedule property and there was no occasion to Kamsali Krishnaiah to bequeath any of the properties to anyone. It is also contended that the last rites of Kamsali Krishnaiah were performed by the plaintiffs alone. Further, when Kamsali Krishnaiah was bedridden due to fractured pelvic bone, the defendants with malafide intention tried to disturb his possession over the suit schedule properties and tried to threaten the ryots and also tried to manipulate the re