GOPIREDDY ANDHRA PRATAP REDDY Vs. POCHANA SUDARSHAN REDDY

JUDGEMENT

(1.) SINCE these two proceedings arise out of the same suit, they are being disposed of by a common judgment.

(2.) APPELLANT in the second appeal is the revision petitioner in the revision petition. He filed the suit for partition of his 1/25th share in the plaint schedule properties and for other consequential reliefs which was dismissed by the trial Court and also the first appellate Court. For the sake of convenience, I would hereinafter refer to the parties to these proceedings as they are arrayed in the trial Court.

(3.) DEFENDANTS 1 to 6 are the children of Konda Reddy son of Obulamma. Defendants 8 and 10 are the brother and sister respectively of the 7th defendant. Plaintiff and defendants 11 to 14 are the children of Chinna Venkatamma, sister of the 7th defendant. 9th defendant is the daughter of Lakshumma wife of the 16th defendant. For the purpose of clarity, ex. A. 1 Geneology Tree is appended to this judgment. The case, in brief, of the plaintiff is that the plaint schedule properties originally belonged to Chittem Narapu Reddy, who died about 60 years prior to the filing of the suit in 1999, whose wife, Subbakka, predeceased him leaving behind his son thirupal Reddy and two daughters venkatamma and Obulamma, his maternal grandmother, and Narayana Reddy, grandson of Narapu Reddy through his son thirupal Reddy. As Narayana Reddy died on 27-4-1955 unmarried, his maternal grandmother Obulamma became entitled to the plaint schedule properties which are left behind by him. Even otherwise also as obulamma, his grandmother, was in possession of the plaint schedule properties by the time of coming into force of the hindu Succession Act, 1956 (the Act), her limited estate got enlarged into a full estate and for that reason also he is entitled to 1/25th share in the plaint schedule properties.