TAMMAREDDI VENKATARAMAYYA Vs. TAMMAREDDI TANDAVA KRISHNA RAO

JUDGEMENT

(1.) This is an appeal against the judgment and decree in O. S. No. 66 of 1954 on the file of the Subordinate Judge, Gudivada. The first appellant was the first defendant in that suit. By an order of this Court dated 22-9-1958 in C. M. P. No. 4817 of 1958, the third respondent in this appeal, who was the third defendant in the suit, was transposed as second appellant.

(2.) One Nimmagadda Venkata Subbaiah owned ample properties. He had no children and was living with his wife (D. W. 9). He was bringing up his brothers son (D. W. 6). Venkata Sub-baiah gave some properties to D. W. 6 by a document, Ex. B-19. He also wanted to give some property to the first defendant who was the son of a sister of D. W. 9. The wife of the first defendant, namely, the fourth defendant, was granddaughter of a brother of Venkata Subbaiab. Venkata Subbaiah died before he could execute any document giving properties to the first defendant. With a view to give effect to the desire of Venkata Subbaiah, his widow (D. W. 9) executed a surrender deed (Ex. A-8) in favour of P. W. 6 and other reversioners. Those reversioners executed a gift deed (Ex. A-6) conveying the properties of plaint A schedule in favour of the first defendant. Subsequently, the first defendant executed a release deed (Ex. A-10) dated 27-10-1953 in favour of his father (D. W. 5) and his only brother. The first defendant sold some land to the second defendant by the sale deed (Ex. B-3) dated 11-3-5954. On 29-4-1954, the first defendant sold some other land to the third defendant under a sale leed (Ex. B-12). The lands covered by the sale deeds Exs. B-2 and B-12 are given in Schedule B of the plaint.

(3.) The sole plaintiff, Tamrnareddi Tandava Krishna Rao, being minor represented by his maternal grand-father (P. W. 1) filed the suit O. S. No. 66 of 1954 in the Court of the Subordinate Judge, Gudivada. He was the minor son of the first appellant (D-1) and his wife (D-4). Subsequent to the suit being filed, another son was born to D-1 by D-4. The after-born son was impleaded as D-5 and he was represented by his guardian and grand-mother, Seetha Mahalakshmamma.