MALLIPEDDY SESHAIAH DIED Vs. NADENDLA TULASAMMA DIED

JUDGEMENT

(1.) Three suits being O.S.No. 165 of 1980, O.S.No. 35 of 1981 and O.S.No. 105 of 1981 were decided together by Prl. Subordinate Judge, Ongole on 2-2-1996. Three appeals being A.S.No. 1313 of 1996, A.S.No. 1179 of 1999 and 2850 of 1996 were filed against the common judgment and decree of the trial Court and they were decided together by a learned single Judge of this Court on 13-12-1999. Hence these L.P.As.

(2.) Suit properties originally belonged to one Nadendla Sheshaiah. Plaintiff No. 1 and his daughter-plaintiff No. 2 filed O.S.No. 165 of 1980. Plaintiff No. 1 claimed to be Nadendla Sheshaiah's maternal uncle's son. They sought a declaration of title in respect of plaint 'A' schedule property in favour of plaintiff No. 1 and plaint 'B' schedule property in favour of plaintiff No. 2. They also sought a decree for permanent injunction restraining the defendants from interfering with their possession in respect of the suit schedule properties basing on the Will dated 20-2-1980 Ex. A-1, allegedly executed by Nadendla Sheshaiah.

(3.) O.S.No. 35 of 1981 was field by second wife of Nadendla Sheshaiah seeking partition of plaint A, B and C schedule properties into two equal shares and allotment of one such share to her.