(1.) The daughters of Kollapu Veerayya Kollapu China Mangamma, Pinipe Mallamma, Juthuka Ramudu, Kunche Saraswati, had entered into this legal battle in relation to the properties left by the deceased Kollapu Veerayya - Kunche China Mangamma claiming by virtue of settlement deeds and the others denying the same and claiming under a will. Yet another daughter Suryakantham, pre-deceased the said Kollapu Veerayya and it is stated that she is a divorcee and left no heirs and this aspect is not in serious controversy. O.S.No.202/85 on the file of Additional Subordinate Judge, Rajahmundry was filed by Kunche Chinna Mangamma praying for passing of a preliminary decree for partition of property covered by plaint schedule into five equal shares and to allot one such share to her and also for appointment of Commissioner to partition the property and also praying for a decree for future profits to be determined by the Commissioner and for such other suitable reliefs. Subsequent thereto, the wife of the deceased Veerayya, Kollapu Mangamma, who is also no more since she died during pendency of the litigation and no L.Rs. as such were brought on record, may be for the reason that all the L.Rs. already are on record, and Pinipe Mallamma, Juttiga Ramayamma and Kunche Saraswathi filed O.S.No. 108/86 on the file of Additional Subordinate Judge, Rajahmundry praying for cancellation of the settlement deeds dated 15-8-1984 and 16-8-1984 purported to have been executed by late Koilapu Veerayya in favour of Kunche China Mangamma and others, the defendants in the said suit, in relation to plaint schedule properties and also for partition of the plaint schedule as per the bequeaths made by late Koilapu Veerayya under his last will dated 4-3-1983 by making certain allotments and for delivery of the entire plaint schedule property to 1 st plaintiff after ejecting the defendants therefrom and to pass a final decree for partition afterthe life time of the 1 st plaintiff and to award future profits to the 1st plaintiff from the date of suit till the date of delivery of possession and for other reliefs.
(2.) The learned Additional Subordinate Judge, Rajahmundry by Judgment dated 17-9-1996 while answering Issue No.9 in O.S.No.108/96 and Issue No.6 in O.S.No.202/85 while granting the reliefs in the said suits held as hereunder:
(3.) The plaintiff Kunche China Mangamma in O.S.No.202/85 pleaded as hereunder: The plaintiff and defendants 2 to 4 are the daughters of Koilapu Veerayya and 1st defendant. Koilapu Veerayya died intestate so far as the property covered by the Schedule. The 1st defendant is the widow of Koilapu Veerayya. Koilapu Veerayya had no male issues. His father and mother predeceased him. The plaintiff and defendants 2 to 4 are Class I heirs of Koilapu Veerayya to succeed to his properties. Kollapu Veerayya during his life time acquired landed property and during his life time he bequeathed the said properties as per his own wish by registered documents. The schedule properties are also the self acquired property of late Kollapu Veerayya and late Kollapu Veerayya did not make any arrangements and died intestate. After his death, the plaintiff and defendants have taken over possession of the property covered by the schedule and the plaintiff and defendants are tenants in common since they are the co- sharers of the said property. Disputes arose between the plaintiff and defendants and therefore the plaintiff intends to separate her share of the property from the shares of the defendants and requested the defendants to settle the properties amicably. The defendants did not co-operate with the plaintiff for partition. During the pendency of the suit, the 1st defendant died and her undivided 1/5th share devolved on plaintiff and defendants 2 to 4. Plaintiff prays that the suit may be decreed with costs.
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