NANNAPANENI NARASINGARAYUDU Vs. NANNAPENENI ANKINEEDU

JUDGEMENT

(1.) These two appeals arise out of a common Judgment and Decree in O.S. Nos. 12 and 13 of 1953 on the file of the Subordinate Judge, Tenali. O.S. No. 12 of 1953 is a suit filed by Nannapaneni Ramamma for recovery of Rs. 12,983-4-3 against four defendants which is made up of (a) Rs. 8,880, value of the properties as on i8th April, 1952, the date when the plaintiff was dispossessed, and (b) Rs. 4,103-4-3, mesne profits ascertained in the final decree proceedings as payable by this plaintiff in LA. No. 1755 of 1952, in O.S. No. 9 of 1945, with proportionate costs. The learned Subordinate Judge awarded a decree in favour of the plaintiff for Rs. 5,240-2-0 against the first defendant and for Rs. 6,288-2-3 jointly and severally against defendants 2 to 4 with proportionate costs. Defendants 3 and 4 have consequently preferred A.S. No 13 of 1955 against the above judgment and decree . Plaintiff has filed a Memorandum of Cross-objections in so far as it went against her.

(2.) O.S. No. 13 of 1953 is a suit to recover Rs. 7,538-12-7 against three defendants which consisted of (a) Rs. 5,120 as damages as the market value of the suit property on 18th April, 1952, and (b) Rs. 2,418-12-7 as damages ascertained as payable by the plaintiff to the decree-holder in O.S. No. 9 of 1945 with proportionate costs. The learned Subordinate Judge gave a decree in favour of Nannapaneni Ankineedu for Rs. 6,738-12-7 against defendants 1 to 3 in that suit with proportionate costs. Defendants 2 and 3 have preferred A.S. No. 12 of 1955 against the above judgment and decree in so far as it went against them. The plaintiff has filed the cross- objections as regards the disallowance of interest subsequent to the date of suit on the amount decreed. The appellants in both the appeals are the same persons. Nannapaneni Ratnamma plaintiff in O.S. No. 12 of 1953 is the mother of the sole plaintiff Nannapaneni Ankineedu in O.S. No. 13 of 1953. There are four defendants in O.S. No. 12 of 1953 and three defendants in O.S. No. 13 of 1953. Defendants 3 and 4 in O.S. No. 12 of 1953 are defendants 2 and 3 in O.S. No. 13 of 1953. Nannapaneni Ramakrishnayya died during the pendency of the appeals and in his place Nannapaneni Venkataratnam and Nannapaneni Bullamma were brought on record as his legal representatives as per the order of this Court in C.M.P. No. 6643 and 6644 of 1955, dated 24th November, 1955. For the sake of convenience, the parties are referred to in this judgment by their names.

(3.) The main allegations in the plaint in O.S. No. 12 of 1953 are briefly to the following effect. Akkayya and Achayya, the fathers of Nannapaneni Narasingarayudu and Nannapaneni Ramakrishnayya, for themselves and as guardians of their minor sons, executed a registered sale deed Exhibit B-1, dated 3rd June, 1900, in favour of one Barla Raghavulu. The said Raghavulu had four sons, namely, (1) Bhadrayya, the father of Barla Venkatasubbiah alias Suryanarayana, (2) Virayya, (3) Subbayya and (4) Rattayya, the husband of Barla Mahalakshmi. Rattayya died leaving behind him Barla Mahalakshmi. Raghavulu and his three surviving sons executed a gift deed Exhibit B-2, dated 28th December, 1932, settling land which is item 1 in O.S. No. 12 of 1953, towards the maintenance claim of Barla Mahalakshmi. Under that deed, Mahalakshmi got half of it absolutely and had only a life interest in the other half, with a vested remainder to Akula Mahalakshmi, the daughter of Bhadrayya, after the death of Mahalakshmi. The said Akula Mahalakshmi released her vested remainder to Barla Mahalakshmi under a sale-deed Exhibit A-13, dated 1st December, 1939. Thus, Barla Mahalakshmi became the absolute owner of this item of property, and she sold that item to Nannapaneni Ramamma under Exhibit A-1, dated 1st December, 1939. Item 2 of the plaint schedule, which is the only other item concerned in O.S. No. 12 of 1953, was sold by Barla Bhadrayya, to whom it had come under the family partition, to Ramamma. Thus, Ramamma became entitled to both the items of property concerned in O.S. No. 12 of 1953. Veerayya sold the item of property which fell to his share, to Ankineedu by the sale-deed Exhibit A-3, dated 21st September, 1942. The lands concerned in both the suits were the lands covered by the sale.deed Exhibit B-1, dated 3rd June, 1900 already referred to supra.