D R ADINARAYANASWAMY Vs. GIRRAJU PAPAMMA

JUDGEMENT

(1.) These two appeals, Nos. 84 of 1958 and 348 of 1958 are against a common judgment of the Dist. J., Anantapur, in O. S. Nos. 18 of 1957 and 45 of 1957 respectively. The earlier suit was for partition of the plaint schedule lands, and separate possession of 2/5th share, while the latter was for the recovery of profits in respect of the same lands. Parties are the same in both the suits.

(2.) One Dugga Ramanna of Dhannavaram had four wives. By his second wife, he had two sons, plaintiffs 1 and 2 herein, while by his fourth wife he had five daughters, viz., Papamma (D-1), Subbamma (deceased), Lakshmamma (D-2), Ran-gamma and Alavelamma. Ramanna died in or about 1926 and before his death, he executed a registered will, Ex. A-14 dated 15-8-1924, where-under he bequeathed the suit lands called Koneru Madi, covered by old Survey No. 583, New Survey No. 442, measuring 5 acres 33 cents, and bearing an assessment of Rs. 47.00 to his five daughters absolutely to be taken by them in equal shares, and in the event of death of any of them it was provided that the other daughters should take her share equally. The will also bequeathed other properties to his other children, plaintiffs, and his wives, with which we are not now concerned. The fourth wife of Eamanna also appears to have died two years after the death of Ramanna, so that the five daughters became orphans and had to be looked after by the first plaintiff. He brought them up and performed their marriages, and also managed the suit properties. The two daughters, Subbamma and Lakshmamma were given in marriage to residents of Kanjeevaram in the south, and unfortunately the two unmarried daughters Alivclamma and Rangamma died in 1935 and 1936 respectively. Subbamma, whose husband was one Ungarala Venkatcsu, also died in 1943. It is the shares of the two daughters, Ali-velamma and Rangamma, that are the subject matter of this litigation.

(3.) The plaintiffs case is that they became entitled under Hindu law to the 2/5 share of their deceased unmarried sisters, and that the remaining 3/5 was owned by the defendants 1 and 2, that their right to the 2/5 share was declared in O. S. No. 113 of 1950 on the file of the District Munsifs Court, Dharmavaram, against which there were appeals to the District Court, Anantapur, in A. S. 112 and 121 of 1951, and also a Second Appeal to the High Court of Andhra, in S. A. No. 2597 of 1952, which was decided on 31-8-1955. That suit. O. S. No. 113 of 1950, it may be noted was filed by Venkatesu, the husband of Subbamma, for partition and separate possession of 1/3 share as her heir on the ground that the present plaintiffs 1 and 2 (defendants 1 and 2 therein) were entitled to the 2/5 share of the unmarried sisters and defendants 1 and 2 herein (defendants 3 and 4 in that suit) were entitled to the remaining 2/5 share. In that litigation, their right to the 2/5 share of the suit property belonging to the two deceased sisters was declared, and they contend that they therefore became the co-owners with the defendants, and were in joint possession of the suit property.