RAPETI BULLI TATAYYA Vs. RAPETI NAKARAJU

JUDGEMENT

(1.) THESE two appeals arise out of O.S. No. 1 of 1950, a suit filed by the appellant in Appeal No. 557 of 1954 for establishing his right to share in the suit properties, for partition of the suit properties into four shares and for possession of his share with mesne profits, or, in the alterative, for grant of maintenance.

(2.) ONE Rapeti Appanna died on 15 -9 -1940/possessed of the properties described in A to schedules annexed to the plaint. The plaintiff case is that his mother Rajamma, after obtained a divorce from her husband Suryanarayana 18 -4 -1926, lived as the permanently kept concubine of Rapeti Appanna for a number of years almost till his death and that, just before his death, members of Appanna's family conspired to drive her away from Chillangi where she was living with Appanna.

(3.) THE learned Subordinate Judge analytical and exhaustive judgment considered the various issues of law and fact raised in case and gave the following findings. He that Rajamma was not divorced by her husband in 1926, that for some years she lived as the tress of Appanna when the plaintiff was born to her by Appanna, that subsequently she left Appanna and lived with different people, the was living as the permanently and continuously kept concubine of Appanna till the plaintiff born, that the plaintiff being the product adulterous intercourse would only be entitled maintenance, that the alleged adoption plaintiff by Achayya was not true, that regard to the income from the properties a circumstances of the family he would be entitled to an annual maintenance of Rs. 900/ - an having regard to his conduct, he was untitled to any arrears.