(1.) This appeal by certificate is preferred against the Judgment and Decree of the High Court of Andhra confirming those of the Subordinate Judge, Bapatla, dismissing the suit filed by the appellants for possession of the plaint schedule properties. The following genealogy will be useful in appreciating the facts and the contentions of the parties.
(2.) The first defendant denied that Venkayya was given in adoption to Pitchayya or that there was a partition in the family of Veeranna in the manner claimed by the plaintiff. She averred that Chimpirayya died undivided from his grandson Subbarao and, therefore, Subbarao became entitled to all the properties of the joint family by right of survivorship. She did not admit that Chimpirayya executed the Will in a sound and disposing frame of mind. She also did not admit the correctness of the schedules attached to the plaint. The second defendant filed a statement supporting the plaintiff. The third defendant filed a statement denying the allegations in the plaint and disputing the correctness of the extent of some of the items in the plaint schedules. He also averred that some of the items belonged to him exclusively and that Chimpirayya had no right to the same.
(3.) On the pleadings various issues were raised and the main issues, with which we are now concerned, are issues 1 and 2, and they are : (1) whether the adoption of Venkayya was true and valid; and (2) whether Pitchayya and Chimpirayya were divided as alleged by the plaintiff. The learned Subordinate Judge, after considering the entire oral and documentary evidence in the case, came to the conclusion that the plaintiff had not established the factum of adoption of Venkayya by her husband Pitchayya and that she also failed to prove that Chimpirayya and Pitchayya were divided from each other ; and in the result he dismissed the suit with costs.