LAWS(APH)-1960-11-37

PACHIPULUSU VENKATASUBBAIAH Vs. PACHIPULUSU VENKATACHALAMAIAH

Decided On November 24, 1960
Pachipulusu Venkatasubbaiah Appellant
V/S
PACHIPULUSU VENKATACHALAMAIAH Respondents

JUDGEMENT

(1.) This is an appeal from the Judgment and Decree of the Subordinate Judge, Cuddapah, in Original Suit No. 2 of 1954.

(2.) The parties to this appeal originally belonged to the village of Nallapureddipalli in the Rajampet taluk of the Cuddapah district, and are members of the same family. Their relationship is shown in the following genealogical table:-

(3.) Subbarayudu, shown at the head of the table, had an aurasa son, by name Ramayya. Ramayya predeceased his father leaving behind him his widow Peddakkayya but no issue. Thereafter, Subbarayudu adopted Somayya. Somayya had four sons, Venkatarangiah, Venkatasubbayya, Venkataswami and Venkatachalamiah. Venkatarangiah died in 1930 survived by his sons, defendants 3, 4 and 5. Venkatasubbayya was the first plaintiff and his sons are plaintiffs 2 and 3. Venkataswami, the third son of Somayya, was imp-leaded as the first defendant in the suit. He died during its pendency. Venkatachalamiah the fourth, son of Somayya, was imp-leaded as the 2nd defendant. He died after the disposal of the suit and during the pendency of this appeal. The 6th defendant is said to be in possession of one of the items (item 27 of the plaint 'A' schedule.)