SETTY VENKAYA Vs. NALLAMILLI KANNAYYAMMA

JUDGEMENT

(1.) The sole defendant in O.S.No.64 of 1983 on the file of the Court of the Sub-ordinate Judge, Peddapuram, filed this second appeal, aggrieved by the judgment and decree, dated 18.04.1994, of the Court of the II Additional District Judge, East Godavari, Rajahmundry, in A.S.No.58 of 1988.

(2.) The first respondent is the mother of the second respondent. They filed the suit alleging that late Yerra Atchaiah married the first respondent and that the second respondent was borne out of their wedlock. The appellant is said to be the nephew of Atchaiah and ever-since his childhood, he lived with his maternal uncle. It was alleged that an extent of Acs.2.60 cents of Government land in survey No.10/5 was encroached by late Atchaiah and for the sake of convenience, patta was obtained in the name of the appellant but subject to an arrangement under Ex.A.1 to the effect that half of the property shall be transferred in favour of Atchaiah or its value to be paid in lieu thereof. It was also pleaded that Atchaiah and the appellant herein jointly purchased an extent of Acs.2.50 cents of land in survey No.9/1 and when the respondents demanded for partition of the said items of property, the appellant did not agree for it.

(3.) The appellant filed a written statement disputing the very relationship of the respondents with late Atchaiah. He contended that the first respondent was not married to Atchaiah at all. He pleaded that his father had encroached over the land in survey No.10/5. On account of his untimely death, Atchaiah cultivated the same, and ultimately, the patta was granted in his name. He admitted the factum of purchase of item No.1 of suit schedule jointly with Atchaiah. The trial Court parsed the preliminary decree directing partition of both the items of suit schedule into two equal halves and allotted one in favour of the appellant and the other in favour of respondents. A.S.No.58 of 1988 was filed by the appellant herein was dismissed.