JONNALAGADDA MANDESWARUDU Vs. JONNALAGADDA VENKATRAMAYYA

JUDGEMENT

(1.) This is a Second Appeal by the plaintiff in O.S. No. 401 of 1951 on the file of the District Munsif's Court, Amalapuram. The suit was to declare the plaintiff's right and title to the 1/2 of the plaint schedule property after dividing it into two equal shares by metes and bounds and to recover possession of one such share after ejecting the defendants 1 to 4 therefrom and Rs. 200 towards past profits for the years 1948 to 1950, for future profits and for costs.

(2.) The following pedigree shows the relationship of the parties. <IMG>JUDGEMENT_99_ANDHWR1_1966Image1.jpg</IMG> No. 986 of 1882 in the District Munsif's Court, Amalapuram, for partition and separate possession of his share in the joint family properties. Pending the suit, he died and his widow, Parvathamma, was brought on record as his legal representative.

(3.) The suit was ultimately compromised and a compromise decree was passed under which agricultural land of the extent of about Ac. 6-61 cents was alloted to Parvathamma in lieu of her husband's share in the family property. By a sale deed, Exhibit A-2, dated 24th October, 1906, Parvathamma and her widowed daughter, Hotha Annapurnamma, sold their life-interest in Ac. 6-05 cents to Venkayya, son of Ganganna, Buli Venkayya, son of Achenna and Mandeswarudu, son of Sastrulu, who is the plaintiff in this suit. The very sale deed, Exhibit A-2 recited that Parvathamma was retaining her possession and enjoyment of O-51 cents of land which consisted of a coconut garden and which was part of the property which was allotted to her in lieu of her husband's share. Subsequently, the three vendees, Venkayya, Buli Venkayya and Mandeswarudu divided the property purchased on 9th October, 1908 (Exhibit A-3) and continued to be in possession and enjoyment of their respective shares in the same. Parvathamma died in the year 1940 and her widowed-daughter died in the year 1943. The 51 cents of land retained by Parvathamma also appears to have been sold in execution of a decree and was purchased by one Ch. Satyanarayana. The plaintiff and defendants 5 to 7 became the nearest reversioners to the estate of Venkata Subbayya after the death of his widow, Parvathamma and his widowed-daughter, Annapurnamma. Therefore, the plaintiff filed the present suit for his half share in the property that fell to the share of Venkayya under the partition deed, Exhibit A-3 dated 9th October,1908. The learned District Munsif decreed the suit. He pointed out that what was sold under Exhibit A-2 dated 24th October, 1906, was only the life-interest of Parvathamma and after her Annapurnamma and that, .therefore, the nearest reversioners after their death are entitled to the said property.