SAMMITA SRI NATARAJ Vs. KILARU RANGAIAH

JUDGEMENT

(1.) Since both these appeals arise out of the common set of facts, issues involved and the parties are one and the same, they are being disposed of by this common order. Both these appeals are directed against the judgment dated 27.04.2007 passed in O.S. No. 88 of 2003 by the Principal District Judge, West Godavari, Eluru, whereby and whereunder, the suit instituted by the respondents herein has been decreed granting a decree of specific performance of contract with costs.

(2.) The first defendant before the Court below is the appellant in A.S. No. 439 of 2007 and the second defendant before the Court below is the appellant in A.S. No. 414 of 2007. The respondents in both the appeals are (also) the respondents (sic. plaintiffs) before the Court below. For the sake of convenience, the parties will be hereinafter referred to as they were arrayed before the Court below.

(3.) Acs.13.50 cents of dry land out of Acs.42.20 cents of land in R.S. No. 304-1A situated at Chintalapudi Village & Sub-Division, West Godavari District is the suit schedule land, which originally belonged to one Sayani Syamalamba. Sayani Shyam Sunder Rao, Sayani Madhava Rao, Sayani Babu Nagendra Prasad, Sayani Venugopala Rao, Sammita Kasturi Bai, Chilamkurthi Baby Sarojini are the children of aid Sayani Syamalamba. The sons of Sayani Syamalamba have partitioned their property through a registered partition Deed in the year 1990. Sammita Subhash Chandra Bose, the first defendant in the suit, is the son of Sammita Kasturi Bai and thus the grand son of Sayini Syamalamba. Sammita Sri Nataraj, the second defendant in the suit, is the son of Sammita Subhash Chandra Bose and thus the great grand son of Sayani Syamalamba. Sayani Syamalamba became the owner of the suit schedule land by virtue of a registered settlement deed executed by her brother -S. Basava Nancharaiah on 09.11.1955. Sayani Syamalamba, stating that her sons got sufficient properties in their family partition and that her daughters have other properties, executed a Will on 09.11.1990 in Ex.B.1 in favour of her great grand son - Sammita Sri Nataraj, bequeathing the suit schedule land to him and further contended (sic. stating) that since said Sammita Sri Nataraj was a minor on the date of execution of Ex.B.1 Will, his father, i.e., the first defendant herein would act as his guardian till said Sammita Sri Nataraj (hereinafter referred to as the second defendant) becomes major. She had also mentioned that the first defendant would protect the properties and develop the same and handover the same to the second defendant and further contended that Ex.B.1 will come into force after her death. She had also reserved the right to cancel and modify Ex.B.1 Will. However, on the same day of execution of Ex.B.1 Will, i.e., on 09.11.1990, she executed a GPA in Ex.A.15 and got it registered empowering the first defendant to sell the land and furnish accounts. The first defendant is also empowered to mortgage the said land. Sayani Syamalamba died on 27.03.1999.