MANNE MALLIKARJUNA RAO Vs. KONERU PADMANABHA PRASAD

JUDGEMENT

(1.) A.S. No. 367 of 1994 is the Plaintiffs' appeal arising out of O.S. No. 207 of 1981 seeking relief of declaration of title of Plaintiffs and for possession of the schedule properties after ejecting the first Defendant.A.S. No. 368 of 1994 is the appeal by the Defendant against the cross-suit O.S. No. 93 of 1982 filed by the Defendants in O.S. No. 207 of 1981 against the father of the Plaintiffs in O.s. No. 207 of 1981 for permanent injunction restraining the said Defendant from interfering with the plaint schedule lands. Under the impugned judgment and decree, O.S. No. 207 of 1981 was dismissed and O.S. No. 93 of 1982 was decreed. Hence, these appeals.

(2.) As the case of the parties in both the suits is common, for the sake of convenience, the parties are referred to as Plaintiffs and Defendants as they are arrayed in O.S. No. 207 of 1981.

(3.) One Manne Basavaiah had two sons i.e. Venkatarama Basavaiah, who later died on 26.01.1981 and his wife -- Pushpavathi-predeceased him in May 1980. Their daughter viz. Koneru Nagaratanamma and her husband, Koneru Subba Rao, are Defendants 2 and 3 in O.S. No. 207 of 1981. The said Koneru Nagaratanamma and Subba Rao had a son-Padmanabha Prasad and daughter-Leela Kumari. The said Padmanabha Prasad is Defendant No. 1 in O.S. No. 207 of 1981. Manne Basavaiah had another son viz. Ramakrishnaiah, whose son and wife are Basava Sankaram and Durga Bhavani. The aforesaid Basava Sankaram is the sole Defendant in O.S. No. 93 of 1982 filed by Koneru Nagaratanamma, Subba Rao, and Padmanabha Prasad. Basava Sankaram had two sons viz. Mallikarjuna Rao, who is Plaintiff No. 1 and Siva Kumar-Plaintiff No. 2 in O.S. No. 207 of 1981. The Plaintiffs in O.S. No. 207 of 1981 allege as follows: