N SRIHARI Vs. N PRAKASH

JUDGEMENT

(1.) In this appeal for the sake of convenience the parties are referred to as they are arrayed in the suit out of which the appeal arises. The appeal is filed by Defendants 2 to 6 in O.S.No.9 of 1993 on the file of the Court of District Judge, Ranga Reddy District, at Saroornagar. During the pendency of the suit before the Trial Court, first defendant Nemuri Pentamma died and her two daughters were brought on record as Defendants 16 and 17 as (other) legal representatives apart from Defendants 2 to 6, who are already on record. Be that as it is, during the pendency of the appeal, second appellant (third defendant) passed away and Appellants 6 to 8 were brought on record as legal representatives. Further, the pendency of the appeal also saw the demise of the sixth respondent and Respondents 18 and 20 are legal representatives of sixth respondent (sixth plaintiff). Defendants 8 to 14 are tenants in various suit schedule properties, who are added as proforma defendants. Yet another aspect to be noticed is that even during the pendency of the appeal Respondents 16 and 17 sold away an extent of 500 sq. yards of land out of suit schedule property to Ramesh Chawla and he filed C.M.P.No.14246 o1 2004 to come on record as proper and necessary party/Respondent No.23. A separate order is passed today in the saic miscellaneous application, as the saic application is seriously objected by the respondents Counsel. Pleadings in Brief

(2.) One Nemuri Soya Goud had two sons namely, Sathaiah Goud and Balarajaiah Goud. Balarajaiah Goud married twice Nemuri Pentamma and Nemuri Kousalyc are his two wives. First defendant is: Pentamma and Defendants 2 to 6 are sons of Belarajaiah. Sathaiah married on Sulochana. Plaintiffs 1 to 6 are his sons (As noticed sixth plaintiff died during pendency of the appeal). The following genealogy chart with the status of each member in the suit would reveal the relationship <IMG>JUDGEMENT_370_ALD4_2005Image1.jpg</IMG>

(3.) Nemuri Saya Goud was a protected tenant in respect of Acs.19.15 and Acs.2.00, a total of Acs.21.00 of plaint schedule properties comprised in S.Nos.284, 285, 290, 291, 292, 293 and 602 of Lothukunta Village, Alwal, near Hyderabad. Saya Goud executed Will on 2.1.1956 bequeathing all his properties to his wife Chandramma and the eldest daughter-in-law Nemuri Pentamma, first defendant. These two purchased the absolute rights from pattadar under registered sale deed and became absolute owners of agricultural lands. They later purchased jointly the lands comprised in S.Nos.291 and 602 of Lothukunta. After death of Saya Goud, Balarajaiah Goud became head of the family. He exercised control over his illiterate mother Chandrammma, and brother Sathaiah Goud. Pentamma, wife of Balarajaiah Goud also dominated Chandramma and Sathaiah Goud. In 1969, Balajarajaiah Goud made his mother to execute lease deed purporting to relinquish all her rights in the properties held by her jointly in favour of first defendant. The said deed recitals were made as if Chandramma had life interest in the property though she has absolute rights in half share of the properties. The lease deed is executed by fraud, undue influence, coercion exercised by first defendant and her husband and Nemuri Chandramma. While Chandramma was living with elder son at Lothukunta, second defendant Nemuri Sri Hari filed O.S. No.927 of 1977 on the file of the Court of III Additional Judge, City Civil Court, Secunderabad, against his mother, father and other brothers as well as stepmother, Kousalya and grandmother Chandramma for partition. In the said suit, second defendant claimed that properties mentioned therein, including the suit schedule properties are joint family properties. The thumb impression of Chandramma was obtained in the written statement in the said suit without disclosing contents thereof. The suit was, however, withdrawn after Chandramma left Lothukunta to live with Sathaiah Goud in view of compromise purporting to divide properties among persons belonging to branch of Balarajaiah Goud. As Nemuri Chandramma suffered inconvenience and insult at the hands of Balarajaiah Goud and Defendants 1 to 6, Chandramma left the house of Balarajaiah Goud in 1979 and came to the house of Sathaiah Goud at Muriti Veedhi, Market Street, Secunderabad.