ATUKURI RAMANARAYANA Vs. UPPULURI NARAMMA

JUDGEMENT

(1.) These two letters patent Appeals are preferred against the judgment of our learned brother Chinnappa Reddy, j. tn A.S. No. 394/1969 dismissing the appeal preferred against the judgment and decree in O.S. No. 73/1964 on the file of the Court of the Subordinate Judge, Eluru. The first defendant is the appellant in L.P.A. No. 3S/1773. and the defendants 3 and 5 are the appellants in L.P.A. No. 36/1973.

(2.) The brief facts giving rise to these appeals are as follows :-One Nandlgam Bulli Abbayl alia Venkanna, and Nandigam Subba Rao, were brothers and their mother was Janakamma, the plaintiff. There was a partition of the Joint-family properties between the brothers Bulli Abbayi, and Subba Rao, Bulli Abbayi, died on 28 6-1948 leaving behind his widow Subhadramma, who was hardly about 17 years of age then. She died on 30-8-1964 without any issue. The defendants 3 and 5 are the sons of the 2nd defendant. The 2nd defendant's wife, and the mother of Subhadramma, were sisters. The first defendant had taken on lease the plaint 'A' schedule lands from Subhadramma, under a registered lease-deed Ex. B.10 nated 9-10-1963. The 2nd defendant dfed during the pendency of the suit, and the defendants 4 to 7 were added as his legal representatives. The 8th defendant the brother of late Bulli Abbayi, was also subsequently added but he remained exparte.

(3.) The plaint 'A' schedule properties admittedly fell to the share of Bull Abbayi, in the partition with his brother Subba Rao. The plaint 'B' schedule properties were settled on Subhadramma, by her father under a settlement-deed Ex. B.7 dated 8-6-1945. Janakamma, the plaintiff filed the suit for declaration of her rights in the suit properties, for directing the defendants to deliver possession of the plaint 'A', ,and 'C' schedule properties to her and for recovery of future profits.