PALAMANGALAM VENDAMMA Vs. S SALEEM

JUDGEMENT

(1.) This second appeal arises out of a bit complicated set of facts, which are stated below in the permissible limits of brevity. O.S.No. 47 of 1995 on the file of the Senior Civil Judge, Puttur, gave rise to this second appeal.

(2.) For the sake of convenience, the parties herein are referred to as arrayed in the suit.

(3.) The sole plaintiff is the appellant. One Sri Kuppam Govinda Reddy had two wives, namely Venkatamma and Sanjeevamma-1st defendant, who died during the pendency of the suit and represented by her daughter-Palamangalam Rajamma, the 8th defendant herein. Govinda Reddy had a son, by name, Elumalai Reddy, through Venkatamma. During the life time of Govinda Reddy, he had some disputes with one of his wives, the 1st defendant, and their daughter. He filed O.S.No. 10 of 1965 in the Court of Additional Sub-Ordinate Judge, Chittoor, for declaration to the effect that he is the absolute owner of the suit schedule property mentioned therein. Items 1, 2 and 3 of the present suit schedule were shown as items 2, 4 and 5 in that suit. A decree was passed in O.S.No. 10 of 1965 to the effect that the 1st defendant shall have a right of maintenance against item No. 2, and that Govinda Reddy is the actual owner in respect of the remaining property. The 1st defendant filed A.S.No. 106 of 1971 in the Court of Additional District Judge, Chittoor. During the pendency of the suit and appeal, Govinda Reddy died and his son, Elumalai Reddy and the 1st defendant entered into compromise. The appeal was dismissed.