ADDEPALLI VENKATA LAXMI Vs. AYINAMPUDI NARASIMHA RAO

JUDGEMENT

(1.) These two Letters Patent Appeals arise out of two suits -- O. S. No. 55 of 1977 and O.S. No. 109 of 197S originated from the Court of the Subordinate Judge at Tenali.

(2.) In Original Suit No. 55 of 1977, originally one Ayinarnpudi Subrahmaniam was the owner of the plaint schedule properties. He died on 26/12/1943 leaving behind his first and second wives Veeramma and Pari-purnamma. Subrahmaniam had no issues through his first wife Veeramma. Through Paripurnamma, he got four children three daughters and a son. At the time of death of Subrahmaniam, his son was aged about 6 months. His daughters are Addepalli Venkata Lakshmi, plaintiff in O.S. No. 55 of 1977, Ramaratnam and Hanumayamma. Venkatalaxmi married to one Subbarao and after her marriage, she was residing at Tenali. While the matters stood thus, Venkatalaxmi filed the suit O.S. No. 55 of 1977, claiming that she is entitled to the properties that fell to her share as they were in the enjoyment of her foster-mother, Veeramma. Those properties comprise the Western portion of the terraced building in Ramalingeswarapeta and adjacent vacant site, Ac.1-02 cents in Chinaravur village and a house at Bose Road.

(3.) Ayinampudi Narasimha Rao who is the brother of the plaintiff in O.S. No. 55 of 1977, filed the original Suit No. 109 of 1978 stating that his sister's husband, Addepalli Subbarao is the tenant of the house at Bose Road, Tenali and he is entitled to recover the same, or alternatively he pleaded for partition of the suit property into four equal shares and for allotment of two such shares to him. Since the parties to the two suits are common, and also in view of the joint memo filed by both parties requesting the Court to try the suits jointly, both the suits were tried together and disposed of by a common Judgment.