KADIYALA VENKATASUBBAIAH Vs. SARUPURI NARAYANAMMA

JUDGEMENT

(1.) This appeal is from the judgment of our learned brother Parthasarathi, J. given in Appeal No. 283 of 1966 on 20/03/1970, whereby the learned Judge dismissed the appeal.

(2.) The material facts are that the appellant-plaintiff instituted the suit for recovery of possession of A to C schedule properties and for mesne profits, past as well as future, alleging inter alia that the suit properties originally belonged to the plaintiff and his undivided brothers Nagayya, Venkayya and Raghavayya. The eldest brother Nagayya died long ago leaving his widow Raghavamma and a minor daughter Venkatasubbamma. The plaintiff and his two minor brothers maintained these ladies. They also performed the marriage of Venkatasubbamma with the 1st defendant. As Raghavamma wanted some arrangement to be made in her favour for maintenance, it was agreed that Raghavamma and her daughter Venkatasubbamma should enjoy the income from A and B Schedule lands and reside in the thatched house on the C Schedule site. It was also agreed that after the lifetime of Raghavamma, the property would be enjoyed by the daughter Venkatasubbamma, but that the said properties would continue to vest in the donors family in case Venkatasubbamma did not have any issue. To evidence this arrangement a document was executed on 29-4-1930 by the plaintiff and his two brothers in favour of Raghavamma and Venkatasubbamma.

(3.) Shortly after the execution of the document Venkayya and Raghavayya died unmarried. Venkatasubbamma also died issue less in 1936. Raghavamma died in 1964.