LAWS(APH)-1957-12-34

KAKARLA SUBBAYYA Vs. MAKKENA SITARAMAMMA

Decided On December 11, 1957
KAKARLA SUBBAYYA Appellant
V/S
MAKKENA SITARAMAMMA Respondents

JUDGEMENT

(1.) This is an appeal under the Letters Patent filed1 by defendants 1 to 5 against the judgment of Mr. Justice Viswanatha Sastry dated 1-7-1955 in A. S. No. 475 of 1950 reversing the decision of the Subordinate Judge of Bapatla and decreeing the suit with costs.

(2.) The suit properties are the lands and house sites described in Schedules A, B, C and D annexed in the plaint. Plaintiff, Makkena Sitaramamma, asks for two alternative reliefs:

(3.) Makkena Seshamma was the daughter of a member of the Kakarla family. Her husband Sub-baiah died long ago leaving three children, namely, Seshaiah (6th defendant), Peramma and Kotiah. Peramma married 1st defendant, Subbaiah. Kotiah is-the husband of the plaintiff. The table set out below makes the relationship of the two famines clear: After Makkena Subbaiahs death his widow Seshamma (Defendant 7) was living with her sons, Seshaiah (D. 6) and Kotiah. Her daughter Peramma had been married to Kakarla Subbiah who continued to live as a coparcener with his brothers, the 2nd and 4th defendants.