KOPPARAJU LAXMINARAYANA Vs. MANUKONDA RAMA MURTHY

JUDGEMENT

(1.) These four L P Appeals are preferred against the common order passed by our learned brother Seetha- rama Reddy J., on 22-4-1982 in C M P. Nos. 2283, 2284, 2285 and 2286 of 1952 in A S 221 of 1948 on the file of the High Court of Judicature, Madras, which has been transferred to High Court of Andhra and later to the High Court of Andhra Pradesh after formation of Andhra Pradesh State.

(2.) The facts giving rise to these appeals are as follows. The parties in this judgment are referred as per the cause-title in 0 S No. 90 of 1946 on the file of the court of Subordinate Judge, Guntur. One Dharmapuri Tirumala Ramachandracharyulu died on 29-10-1902 leaving behind his widow Rangamma who died some time in the year 1934. By the date of death of the said Ramachandrscharyulu, he is alleged to have left behind three nephews 1. Rangaraja Bhattar China Venkata Narsimha Ayyavarlamgaru 2, Kamasamudram Vidwathkavi Kunjaram Appalacharyulu and 3. Kamasamudram Vidwathakavi Kunjaram Krishnatna Charyulu. It appears that Kamasamudram Vidyawathkavi Kunjaram Appalacharyulu (1st defendant) executed a sale deed Ex. B. 16 dated 18-10-1939 in respect of items 10 and 12 of the suit schedule, comprising an extent of Ac. 29. 16 cents, in situated in vellamanda village, in favour of defendants 41 and 42, claiming to be the reversioner to the estate of late Ramachandra Charyulu in respect of 1/3rd share. The defendants 2 to 4 claiming to be representing the other two blanches of the reversioners in respect of their 2/3rd shares, sold items 1 to 10 under Ex.A5sale deed dated 12-10-1945 to the plaintiffs. It appears that the widow of the late Ramachandra Charyulu, Rangamma, claiming absolute rights in the properties, under a will ExB 17, dated 24-10-1902 alleged to have been executed by her husband executed a gift deed Ex. B. 12, dated 23-7-1911, in respect of half share of the properties, which her husband died possessed of, in favour of her brother's son Veera Raghavacharyulu, After the death of the said Veera Raghavacharyulu, his son Aravalli Venkata Krishnamacharyulu, the 51st defendant, succeeded to the properties. The widow of late Ramachandra Charyulu, Rangamma executed another gift deed other gift deed Ex. B 19 dated 23-6-1911 in favour of her sister's son Chakravarthula Krishnamacharyulu who died leaving a will Ex. B. 13 dated 27-11-1930, bequeathing the properties in favour of his wife, the 50th defendant Chakravarthula Ammanna.

(3.) Defendant 41 and 42, i. e. Gaddam Kotayya and Kopparapu Lakh minarayana, being minor represented by mother and guardian, purchased items 10 and 12 of the suit schedule from the 1st defendant under Ex. B. 16 dated 18-10-1939. Defendants 43 and 44 set up a sale deed Ex. B. 9 dated 19-8-1939, under which they alleged to have purchased the very same items 10 and 12 from the 50th Defendant.