GOWRAMMA Vs. YELLA REDDY CHENGA REDDY

JUDGEMENT

(1.) This appeal is preferred against the judgment of Justice Seshachalapati in Second appeal No. 452/ 1959 under cl. 15 of the Letters Patent with his leave.

(2.) The property involved in this appeal is a vacant site situate in Palamaneru village in Chittoor District. Its originally belonged to a joint family consisting of three brothers. Ajjagandayya, Chengalayya and Nanjundayya. The first of the three brothers died several years ago leaving behind him his widow Nagamma. Chengalayyas sons are defendants 1 and 2. The third brother Nanjundayya had four sons, Chengiah, Basayya, Rudrayya, is the only surviving son of Nanjundayya. Under Ex. A-1 dated 27-6-1934, the properties of the family were divided into three shares, the properties described in different branches - A schedule to Chengalayyas branch, B schedule to Nanjundayyas branch, and C schedule to Nagamma, widow of Ajjagandayya. Having regard to the part that document plays in the context of this enquiry, it is useful to extract the terms thereof in extenso. "In the partition entered into by us, on the 24/06/1926, we partitioned amongst ourselves as per the decision of elders, the ancestral and self-acquired properties of ours valued at Rs. 3,200.00 (Rupees three thousand two hundred only) Mareyya and Savalayya should take Rs. 2,000.00 worth of A schedule properties ; Chengalayya, Basayya, Rudrayya and minor Sivalingappa, represented by guardian, Basayya, should take Rs. 1000.00 worth of B schedule properties, and Nagamma should take Rs. 200.00 worth of C schedule properties, and after Nagammas death one half of Nagammas properties will be taken by Mareyya and Savalayya, and other half will be taken by Rudrayya and the minor Sivalingappa. The schedule properties shall be enjoyed by each with powers of gift, sale etc. , paying cists due to Government."

(3.) The first two branches were required to discharge debts due to certain persons which need not be set out here.