VANDAVASI KARTHIKEYA ALIAS KRISHNA MURTHY Vs. S KAMALAMMA

JUDGEMENT

(1.) This letters patent appeal is from the judgment of a learned single Judge in A.S. No, 204 of 1978 allowing the appeal filed by respondents I to 3 herein against the judgment and decree in O.S. No. 21 of 1974 decreeing the suit filed by the appellant herein.

(2.) Whether the appellant-plaintiff --Karthikeya alias Krishna Murthy -- is the adopted son of Venkala Subbaiah, his junior paternal grandfather, is the only question that arises for consideration in this letters patent appeal.

(3.) One Narasimhulu was the great grandfather of the appellant and he had two sons --Perumailu, the paternal grand-father of the appellant and Venkata Subbaiah. Perumallu died in 1932 surviving him behind two sons and one daughter -- Srinivasa Varma, Govindarajulu (the Father of the appellant) and Adilakshmamma. Srinivasa Verma has one daughter and one son -- Nagabhushan-arama and Subrahmanyam. Govindarajulu has four sons including the appellant and one daughter. Venkata Subbaiah, the junior paternal grandfather of the appellant, died on 12-11-1966. His wife -- Govindamma --predeceased him 35 years back in 1931 surviving her behind Venkata Subbaiah, her husband, three daughters and one son. The son -- Narasimhulu -- died unmarried in 1938. The eldest daughter -- Kantamma -- died immediately after her marriage. The other two daughters -- Kamalamma (D-2) and Rajamma (D-3) were married in the year 1947. The first defendant in the suit is one Kotamma, admittedly the concubine of Venkata Subbaiah, with whom he was residing at the time of his death. The fourth defendant is the brother's son of the first defendant in whose favour the first defendant executed a settlement deed on 12-12-1966 in respect of items Nos. 1 and 2 of plaint A schedule property. The fifth defendant is a tenant of one of the plaint schedule properties. The pedigree table indicates the relationship of the parties at a glance: