KALVACHERLA BALA TRIPURA SUNDARAMMA Vs. RACHURI SUBBARAYUDA

JUDGEMENT

(1.) Defendants 14 to 18 and 20 to 26 in a suit for partition filed by respondents 1 to 7 as indigent persons are the appellants. For the sake of convenience, parties to the appeal would hereinafter be referred to as they are arrayed in the trial Court.

(2.) The case of the plaintiffs, in brief, is that plaintiffs 1 to 5 are the great grand sons of Rachuri Swamy who had a son by name Subbarayudu whose son is Gangaraju i.e. the 1st defendant and was married to the 2nd defendant. They begot plaintiffs 1 to 5 and three daughters from out of their wedlock. Properties specified in the plaint 'A' schedule which belonged to Rachuri Swamy devolved on his son Subbarayudu and thereafter on the first defendant. As first defendant was addicted to vices and was contracting debts for that purpose, he nominally executed a gift deed in respect of the plaint 'A' schedule properties in the name of his wife, the 2nd defendant and so the said gift deed is void. 2nd defendant, in pursuance of the said gift deed, executed sale deeds in favour of some of the defendants or their predecessors-in-interest. Since all those transactions of sale are void, they can ignore those transactions and seek partition of their share in 5/6th of the plaint 'A' schedule property. Since fourth plaintiff died during the pendency of the suit, plaintiffs 6 and 7 came on record as his legal representatives.

(3.) Defendants 3, 4, 7 to 11 and 13 to 16 filed a common written statement, which was adopted by defendants 9, 17 and 18. 5th defendant filed a separate written statement. Other defendants chose to remain exparte.