N SRIHARI Vs. N PRAKASH

JUDGEMENT

(1.) All these four special leave petitions have been filed against the judgment and order of the High Court of Andhra Pradesh at Hyderabad dated 30th January, 2009, passed in A.S. No. 78 of 1994 and A.S.M.P. No. 14246 of 2004. This case has a chequered history as the parties have been fighting for several decades and this is the second round of litigation before this Court. The parties except the petitioner in S.L.P(C) No. 21695 of 2009, belong to the same family and the dispute is with regard to the properties left by one N. Saya Goud and his wife Chandramma. N. Saya Goud and Chandramma had two sons, namely, N. Balrajaiah Goud and N. Sathaiah Goud. N. Balrajaiah had deserted his first wife, N. Pentamma and arranged a second marriage with N. Kausalya. N. Sathaiah Goud married Sulochana and out of their wedlock six sons were born. N. Balrajaiah Goud also has five sons from his second wife N. Kausalya. N. Saya Goud died in 1956, however, before his death, he executed a Will dated 2nd January, 1956 in favour of his wife Chandramma and, deserted wife of his son N. Balrajaiah Goud, namely, N. Pentamma in respect of land measuring 19.15 guntas covered by Survey Nos. 284, 285, 290, 292 and 293 situate in Lothukunta village of Alwal Mandal, Ranga Reddy District. The said land was under his protected tenancy. He also gave cash of Rs. 30,000/- and gold weighing 140 tolas to his wife.

(2.) After the death of N. Saya Goud, the properties covered by the Will came into exclusive possession and enjoyment of N. Chandramma and N. Pentamma. Subsequently, the said two beneficiaries of the Will purchased the rights of the Pattadar under an unregistered sale deed in respect of the land mentioned in the Will and, thus, became the absolute owners of the said land. They also purchased agricultural land in Survey Nos. 291 and 602 of Lothukunta village to the extent of 1.30 guntas. Thus, their total joint holding had been to the extent of acres 21.05 guntas.

(3.) On 6th March, 1969 three documents were executed and registered. By one document Smt. N. Chandramma and Smt. N. Pentamma executed a Settlement Deed bearing Registration No. 467 in favour of Smt. Sulochana W/o Shri N. Sathaiah Goud in respect of the land to the extent of 2982 square yards from their joint holding. By another document, Smt. Chandramma transferred her life interest in the property in favour of Smt. Pentamma; and by the third document Smt. Sulochana W/o Shri N. Sathaiah Goud executed a Disclaimer Deed, disclaiming any right or interest in the properties, that stood jointly vested with Smt. Pentamma and Smt. Chandramma i.e. the land to the extent of acres 21.05 guntas.