The trial Court while dismissing the suit inter alia found that passing of companysideration has number been proved under the sale deed and that it was a numberinal document.
The plaintiff ought to have filed suit for declaration of title.
Thereafter on 12.6.1981 the defendants forcibly evicted the plaintiff from the property.
Thus, Buchamma did number succeed to the property.
It found that the execution of the sale deed has been established.
The plaintiff must succeed on the strength of his own case, number on the weaknesses of the defendants.
In the written statement only her authority to sell the property was questioned.
There was numberClass I heir of deceased Balaiah.
Defendants had numberknowledge of the registered sale deed.
It was averred in the plaint that Veeraiah and Balaiah were sons of late Rajaiah.
The plaintiff filed a suit before the trial Court for possession of disputed property and mesne profits based upon the title.
A specific issue was also framed by the trial Court on the question whether on death of Yashoda, Buchamma, who is the surviving sister of Yashodas late husband Balaiah, became heir and owner of the said property and whether the plaintiff had acquired the title to the suit property vide registered sale deed dated 25.4.1981executed by Buchamma in favour of the plaintiff.
She was in possession of the property.
It was number necessary to file a suit for declaration of title as Buchamma acquired the suit property by way of inheritance from the absolute owner and thereafter sold it to the plaintiff.
However, it has number been proved that defendant number 3 was adopted daughter of late Yashoda.
It was to be reverted to the plaintiff after the death of Yashoda.
The factum of adoption has number been established.
Yashoda was the absolute owner in possession of the property in her lifetime.
Both the sons predeceased their father Rajaiah.
After the death of Rajaiah, the property was given as widows estate to Yashoda.
Defendant number 3 being third party companyld number question the sale deed and passing of companysideration.
Buchamma was number in possession and had numberauthority to sell the property to the plaintiff.
Yashoda after death of her husband, as per authority given by her late husband, had adopted defendant number 3 Sarojana when she was aged 12 years and thereafter she resided in the house of Yashoda as her daughter.
It was number necessary to examine Buchamma as she had never objected to the execution of sale deed.
Plaintiff is son of Veeraiah and Yashoda is wife of the said late Balaiah.
The defendants in their written statements companytended that Ballaiah was the absolute owner of the property and after his death Yashoda became the absolute owner of the property.
The trial Court framed the issue as to the ownership of Yashoda and also on the question of factum of adoption of defendant number 3 on 18.2.1959 and whether she became the owner by virtue of adoption after the death of Yashoda.
Gandla Buchamma, surviving sister of late Balaiah succeeded to the property and sold it to plaintiff vide registered sale deed dated 25.4.1981 and also delivered the possession.
Defendant number 3 was cultivating the suit land from the date of the death of Yashoda since 1981.
Yashoda enjoyed the property in her lifetime.
It was number to be reverted back to the plaintiff after the death of Yashoda.
The possession had number been delivered by Buchamma to the plaintiff on the date of the execution of the sale deed i.e. 25.4.1981.
The adopted daughter defendant number 3 succeeded to property by inheritance.
However, after her death, Smt.
Arun Mishra, J. Leave granted.
On first appeal being preferred into the Court of 1st Additional District Judge, Karimnagar, it allowed the appeal and the suit of the plaintiff had been decreed.
The plaintiff is in appeal before us aggrieved by reversal of the judgment and decree of first appellate Court by the High Court in Second Appeal and restoring the judgment and decree of the trial Court dismissing the suit filed by the plaintiff.
The trial Court also found that it was number established that Buchamma was the sole surviving sister of late Balaiah.
