KARI HARI BABU Vs. MADDINENI NARASIMHAM

JUDGEMENT

(1.) This Letters Patent Appeal is filed against the judgment, dated 15.04.1998, rendered by a learned Single Judge of this Court in A.S.No.817 of 1981. The said appeal arose out of the judgment and decree, dated 11.07.1980, in O.S.No.176 of 1970 on the file of the Court of Subordinate Judge, Chirala. For the sake of convenience, the parties are referred to, as arrayed in the suit.

(2.) The suit was filed by the sole plaintiff, the appellant herein, for the relief of partition and separate possession of the suit schedule properties and for mesne profits, in respect of plaint 'A' and 'B' schedule properties. The case of the plaintiff was that his father late Karri Venkatrayudu had six sons by name, Veerayya, Ayyanna, Subbayya, Narayana, Rangaya and Krishnamurthy (1st defendant) and out of them, himself and Krishna Murthy alone are surviving, by the time, the suit was filed. Subbayya's wife, Smt. Ananthamma, inherited or acquired vast extent of property and she died on 25.07.1970.

(3.) According to the plaintiff, himself, his brother, the 1st defendant, and the legal heirs of his other brothers are entitled to succeed to the estate of Ananthamma. He pleaded that taking advantage of the deteriorated health condition of Ananthamma, the 2nd defendant, by name, Maddineni Narasimham, his wife, Thulasamma, the 3rd defendant, and certain influential persons in the village, holding the post of Karanam, etc., have brought into existence certain fictitious documents, such as, Wills and deeds of settlement. The plaintiff furnished a detailed account of the various deeds and documents and pleaded that all of them are fictitious and fabricated. He prayed for a decree, for partition of the properties among the legal heirs of late Ananthamma.