PENDYALA NARASIMHAM Vs. PENDYALA VENKATA NARASIMHA RAO

JUDGEMENT

(1.) This appeal is directed against the preliminary decree of the Subordinate Judge Narasaraopet in O. S. No. 72 of 1953. The 1st defendant is the appellant. It arises out of an action laid by the respondent herein for recovering the properties in question for avoiding the alienations made by the 1st defendant and for an account of the management of the properties by the 1st defendant.

(2.) The facts material for the purpose of this appeal are briefly these. One Pendyala Narasimham had four sons by name Venkayya, Ramalingam, Punnaiah and Satyanarayana. The first of the sons pre-deceased his father. Narasiham died in 1926 leaving behind him three sons Ramalinga, Punnaiah and Satyanarayana. Ramalingam died in 1930 survived by his widow Anantamma. His younger brothers died in 1934 and 1935 respectively issueless. In 1952, the widow of Ramalingam adopted the plaintiff. Shortly thereafter, the adopted boy required the 1st defendant by registered notice to deliver possession of all the properties belonging to his adoptive father and to render, him an account of the management by the 1st defendant. As this demand was not complied with, the action giving rise to this appeal was laid.

(3.) The genealogical table given hereunder will be helpful in understanding the relationship of the parties.