V LAXMANA RAO Vs. V V RAMANA RAO

JUDGEMENT

(1.) The Appeal is directed against the judgment and decree of the learned Subordinate Judge, Rajahmundry in O.S.NO. 76 of 1981 dated: 1.8.1986.

(2.) Appellant is the Plaintiff. He filed a suit for preliminary decree for partition of the plaint schedule property into four equal shares and for allotment of one such share to the Plaintiff. Relief was also claimed for rendition of accounts by the 1st Defendant for realisation of the plaint schedule property from 27.3.1990 i.e. from the date of death of late Chellayyamma till the delivery of the property allotted to him together with payment due.

(3.) As per the plaint averment, Plaintiff, Defendants No.1 and 2 and one Mr. Sriramamurty are the brothers, they are sons of late Vadrevu Venkata Narasimharao. The said Narasimha Rao died on 25.11.1949 leaving behind Plaintiff, Defendants No.1 and 2 and late Sriramamurthy and also the 4th wife of Defendant Chellayyamma and her daughters. He executed a Will during his life time bequeathing various properties to the family members. But, however, after the death of Narasimha Rao, disputes arose between the family members and the matter was referred to the Arbitrators namely D. Venkata Siva Rao and others. The matter was settled during the arbitration and shares were allotted to the Plaintiffs, Defendants and Chellayyamma. Accordingly, a settlement deed was drafted on 22.8.1954. The property which is allotted was enjoyed by the respective parties as per the settlement deed. Under the said settlement deed. Smt. Chellayyamma was given properties mentioned in the 'E' Schedule in the settlement deed. Out of the said properties of the plaint allotted to her under 'E' schedule, half of them were to be enjoyed by her for life and for the vested reminder by the four sons of Vadrevu Venkata Narasimharao and other half to be enjoyed by her as absolute owner. While so, Smt. Chellayyamma died on17.3.1990. On the death of Smt. Chellayyamma, the Plaintiff and the Defendants No.3 to 5 who are the children of late Sriramamurty laid a dispute and claimed 1/4th share property held by Smt. Chellayyamma for life. The 1st Defendant has been managing the plaint schedule properties. A notice was issued on behalf of the Plaintiff for partition of the property of late Smt. Chellayyamma and thereafter a suit was filed. The 2nd Defendant filed written statement to the effect that the suit was not maintainable. However, the relationship between the parties was accepted. The existence of settlement deed was also not disputed. It was stated that Smt. Chellayyamma had pre-existig right in the properties even before the execution of the settlement deed. Under the provisions of the Hindu Women's Right to Property Act, 1937, the properties of Vadrevu Venkata Narasimharao devolved upon Smt. Chellayyamma. By the time of passing Act 30 of 1956, Smt. Chellayyamma was in possessio n and enjoyment of the property under the settlement deed and as such she acquired absolute estate under Section 14(1) of the Hindu Succession Act and therefore, the other sons of Vadrevu Venkata Narasimharao were not entitled for the share held by Smt. Chellayyamma. It is also stated that Smt. Chellayyamma executed a registered Will dated: 18.2.1970 bequeathing the schedule properties in favour of the Defendants No.1 and 2 and therefore, they are alone entitled to enjoy the schedule property. Plaintiff and the Defendants No.3 to 5 have no right at all and they cannot claim any right in the plaint schedule property. Defendants No.3 to 5 are sailing with the Plaintiff and they adopted the contention of the Plaintiff.