POSINA YEDUKONDALA VENKATARAMANA Vs. PATHAPATY RAMACHANDRARAJU

JUDGEMENT

(1.) Second Appeal No.1385 of 2003 and C.R.P.No.6317 of 2005 are interrelated with each other. Hence, they are disposed of through common judgment. Except for some minor variations, the parties are common to the proceedings. For the sake of convenience, they are referred to, as arrayed in the second appeal.

(2.) The relevant facts may, briefly, be stated as under :

(3.) Posina Tammayya had three sons, namely, Venkata Rayudu, Satyanarayana and Suryanarayana. The third son is possessed of lands, in various survey numbers. Substantial extent thereof is said to have been leased, in favour of respondents 1 to 7. As regards 90 cents of land in R.S.No.242/2 of Apparaopet Village, the 1st appellant herein, who is one of the grandsons of Venkata Rayudu, brother of Suryanarayana, filed O.S. No.36 of 1985 in the Court of Principal District Munsif, Tadepalligudem, against the respondents herein, for the relief of declaration of title and recovery of possession. The suit was presented in the name of Posina Suryanamyana, together with I.A.No.178 of 1985, with a prayer to permit the 1st appellant, to represent Suryanarayana, on the ground that he is of unsound mind.