KUPPILI VENKATA RAO Vs. KUPPILI SURYAKANTHAMMA

JUDGEMENT

(1.) Defendant No.1 in O.S.No.185 of 74 on the file of Principal District Munsif, Parvatipuram, filed this second appeal, aggrieved by the judgment and decree, dated 21-137-1994, passed in A.S.No.19 of 1990 on the file of Subordinate Judge, Parvatipuram. The suit was originally filed by one Kuppili Narayana Rao. During the pendency of the suit, he died and his legal representatives, i.e., respondents 1 to 8 herein were brought on record and respondents 9 and 10 herein, who were implepded as defendants 2 and 3, died.

(2.) For the sake of convenience, the parties herein are referred to as arrayed in the suit. The plaintiff pleaded that himself and defendants 1 and 2 are the sons of late Bangarayya. It was stated that the property, that has fallen to the share of Bangarayya in the partition with his brother,, was divided into four shares and one share each was allotted to Bangarayya and his sons i.e., the plaintiff and defendants 1 and 2. It was further pleaded that in relation to the property that has fallen to the share of Bangarayya, he executed a Will, dated 16-08-1968, which inter alia provided for devolution of the suit schedule property, a residential house, to the plaintiff. Bangarayya was said to have died on 16-11-1972 and thereby, the plaintiff became the absolute owner of the suit schedule property. It was alleged that taking advantage of his absence, on account of his employment as a ticket collector at Khurda road in Orissa, the 1st defendant occupied the suit schedule property and leased out in favour of the 3rd defendant.

(3.) The 1st defendant resisted the suit. He pleaded that his mother by name Narayanamma purchased a vacant land in the year 1940, through a sale deed and over the said land, three houses were constructed, one house each was said to have been allotted to the plaintiff and defendant Nos.l and 2 and that the suit schedule house is a separate one, which was settled by Narayanamma in favour of the wife of the 1st defendant who incidentally happens to be the daughter's daughter of Narayanamma. Certain other facts, touching upon the validity of the alleged Will, were also pleaded. The trial court dismissed the suit, through judgment, dated 27-03-1986. Aggrieved thereby, the legal representatives of the plaintiff filed A.S.No.19 of 1990 in the court of Subordinate Judge, Parvatipuram. The appeal was allowed on 21-07-1994.