ANANTHARAJU VENKATA SESHAMMA Vs. RAJUPALEM SESHAVATARAM

JUDGEMENT

(1.) This appeal is filed by the sole plaintiff in O.S.No.3 of 1977 on the file of the Subordinate Judge, Chirala. The suit was filed for the relief of partition and separate possession in respect of items 1, 2 and 3 of plaint A-schedule properties, against the defendants. The plaintiff presented the suit as an indigent person, and after due enquiry, the trial Court accorded permission. The trial Court passed a preliminary decree, through its judgment, dated 30.06.1989. Aggrieved by that, defendant No.3, his sons - defendants 7, 8 and 9 preferred A.S.No.1994 of 1989. A learned Single Judge of this Court allowed the appeal, through his judgment, dated 27.03.2000, and has set aside the preliminary decree passed by the trial Court. Hence, this L.P.A.

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

(3.) Sri Koniki Subba Rayudu and his wife Ranganayakamma had three sons, viz., Seshagiri Rao, Adiseshayya and Sheshavataram (defendant No.3) and two daughters, by name, Rajamma and Laxmamma. Ranganayakamma had a sister, by name Seethamma. Seethamma is said to have gifted item No.3 of suit schedule in favour of Ranganayakamma, through a deed of settlement, dated 09.09.1926. Ranganayakamma, in turn, executed a deed of settlement, dated 11.04.1931 (Ex.A.1), creating life interest in favour of her daughter - Laxmamma and the vested remainder in equal shares in favour of her two sons - Adiseshaiah and Sheshavataram. Here itself, it is necessary to mention that Sheshavataram was given in adoption to one Sri Rajupalepu Anjaneyulu and Seethamma. Seshagiri Rao died issueless. The plaintiff is the daughter of Adiseshayya, through his first wife, who is said to have died at the tender age of the plaintiff. The 1st defendant is the second wife of Adiseshayya and defendant No.2 is her daughter. Adiseshayya was the absolute owner of items 1 and 2 of the suit schedule properties. He executed a deed of settlement, dated 07.04.1945 (Ex.A.2), creating life interest in respect of both the items in favour of his sister - Laxmamma and retaining vested remainder in himself. It so happened that Adiseshayya died in the year 1952, whereas Laxmamma was alive till 1976.