KOMPELLA RAMAMURTHY Vs. KOMPELLA VENKATASUBBARAYUDU

JUDGEMENT

(1.) THIS is a Plaintiff's appeal against the decree and judgment of the Court of the Subordinate Judge of Kakinada in O.S. No. 43 of 1947, a suit filed by the appellant for partition of the plaint schedule properties into two shares and for delivery of one. share to him. The Plaintiff is the son of the 1st Defendant, Venkatasubbarayudu. The 3rd Defendant is alleged to be the son of the 1st Defendant by the 2nd Defendant Saradamba. The Plaintiff filed the aforesaid suit for partition of the plaint schedule property into two equal shares on the allegation that the 3rd Defendant was an orphan brought by Defendants 1 and 2 from Vizagapatam hospital and that he was not born to them. The 4th Defendant is a tenant in respect of item 2 of "A" schedule.

(2.) MR . Bhimasankaram, learned Counsel for the appellants, contended that the finding of the learned Judge that there was severance in status between the Plaintiff and the 1st Defendant was not supported by the evidence in the case. The only document on which the said finding of the learned Subordinate Judge was based is Ex. B -41, the written statement filed by the Plaintiff in O.S. No. 61 of 1912. That suit was filed by Kompella Venkatarao, as the adopted son of a brother of the Plaintiff's father, for partition of the family properties. To that suit, he made the Plaintiff and also the 1st Defendant parties. In that suit, the Plaintiff filed the following written statement.

(3.) THIS Defendant has no objection at all to a decree being passed according to the Plaintiff's suit.