VOLETI VENKATA RAMA RAO Vs. KASAPRAGADA BHASKARARAO

JUDGEMENT

(1.) Raju, J. (1) This appeal is against the judgement and decree of the court of the Subordinate Judge, Amalapuram, in O. S. No. 44 of 1953, and relates to the succession to the immovable properties of late Kesapragada Bhaskararao, a Brahmin Karnam, who died on the 29/11/1903, without issue, but leaving a widow.

(2.) The suit was instituted on the 15/04/1953, by Voleti Venkata Ramarao, the adopted son of the step-sister of Bhaskara Rao for the recovery of possession of the properties mentioned in the plaint A and B schedules and for future profits.

(3.) The following genealogical table will be useful in explaining the relationship of the parties to this litigation:KESAPRAGADE VENKANNA------------------------------------------------------------------------------------------------------------- Perraju China Subbarayudu ------------------------------------- ----------------------------------------------- Venkayya Veeraju=Mahalakshma Ramayya Perraju Gopalam Subbarao (died) (died) (died) (died) ---------------------------------- Vedamma (1st wife) Kantamma (2nd wife) (died in 1940) Kamamma (wife of Bhaskararao (1st male-holder) China Venkatarao (died on 29-11-1903) Seshamma (died on 2-10-1952) died in 1945) Venkataramarao (Plff). Rajeswararao (alleged adoped son) (died in 1950) Bhaskararao (alleged adopted son) (1st defendant). The case of the contesting defendants is that pursuant to an authority conferred by the late Bhaskararao in a document executed by him on the day of his death, Seshamma, his widow, adopted one Rajeswararao, her sisters son. In or about May, 1904. Rajeswararao died in 1950. It is said that adopted the present 1st defendant. Seshamma died on the 2/10/1952.