V JANGAIAH Vs. V PERAMMA

JUDGEMENT

(1.) The appellant herein was an unsuccessful plaintiff in a suit bearing O.S. No.259 of 1980 which was filed by him in the Court of the Principal Subordinate Judge, Narasaraopct. The suit was filed by the plaintiff to set aside the decree passed in O.S.No.41 of 1972, which wasdecreed by the learned District Munsif, Gurazala. When the present suit filed by the plaintiff was dismissed, he carried the matter in appeal by filing A.S. No.76 of 1988 in the Court of the III Addl. District Judge, Guntur. The learned District Judge also dismissed the appeal confirming the decree and judgment of dismissal of the suit passed by the Principal Subordinate Judge, Narasaraopct. Being aggrieved by the aforesaid judgment and decree, the original plaintiff in O.S. No.259 of 1980 has filed the present appeal.

(2.) The averments made in the present suit can briefly be narrated as follows: It was averred by the plaintiff that one Vemula Siddaiah of Cherlagudipadu died about 25 years back. He had a son named Pcdakistaiah. Mr. Siddaiah and Pcdakistaiah were owning the property as mentioned in 'A' schedule attached to the suit. Pedakistaiah died on 22-11-1971 leaving behind his wife named Vemula Peramma i.e., first defendant herein and adopted son i.e., the plaintiff herein and two daughters i.e., defendants 2 and 3 herein.

(3.) It was further averred by the plaintiff in the suit that Siddaiah died long prior to the death of Pcdakistaiah. Thus, Pcdakistaiah became absolute owner of the suit schedule property. First defendant i.e., Vemula Peramma, married Pedakistaiah after the death of the first wife of Pcdakistaiah named Lakshmi Dcvamma. Pedakistaiah had two daughters from Lakshmi Devamma. They are defendants 2 and 3 herein.