N HARIPRIYA Vs. RUKKAMMA

JUDGEMENT

(1.) Aggrieved by the common judgment dated 27.08.1992 in O.S.No.63 of 1987 and O.S.No.115 of 1987 passed by learned Subordinate Judge, Peddapalli, the 1st defendant in O.S.No.115 of 1987 and plaintiffs in O.S.No.63 of 1987 preferred AS No.1999 of 1992 and TRAS No.548 of 2014 respectively.

(2.) O.S.No.63 of 1987 is filed by the plaintiff seeking declaration that 1st plaintiff, but not the defendant, is the wife of late Nalla Pentaiah and plaintiffs 2 to 4 are their children and for perpetual injunction restraining the defendant from interfering with their peaceful possession and enjoyment of the suit schedule properties. It is the case of plaintiffs that Nalla Pentaiah of Peddapalli married 1st plaintiff in the year 1971 and begot plaintiffs 2 to 4 and the defendant has nothing to do with Nalla Pentaiah. However, in the amended pleadings, the plaintiffs mentioned that Nalla Pentaiah married one lady and after her death, married the defendant but their marital life was not harmonious and ultimately they took divorce in 1961 and later he married the 1st plaintiff and died in 1983. While-so, the defendant filed a counter suit O.S.No.115 of 1987 claiming herself as the legally wedded wife of late Nalla Pentaiah and there was never any divorce between them and 1st plaintiff in O.S.No.63 of 1987 who was their tenant, developed illicit intimacy with N.Pentaiah. 1st plaintiff was the wife of one Venkateshwar Raju of Mogilicherla.

(3.) The trial Court conducted common evidence in O.S.No.63 of 1987. PWs.1 to 9 were examined and Exs.A.1 to A.18 were marked on behalf of plaintiffs. DWs.1 to 5 were examined and Exs.B.1 to B.3 were marked on behalf of defendant.