MODADUGU VENKATA SUBBAMMA Vs. KANAMARLAPUDI RATTAIAH

JUDGEMENT

(1.) INTRODUCTION these four appeals are interconnected. The property dispute raised in appeals is with reference to various items of immovable property in plaint 'a' and 'b' schedule of os No. 13 of 1974 (hereafter called, first suit), against which, first defendant filed AS no. 2219 of 1982 and defendant Nos. 3 and 4 filed AS No. 212 of 1981. Tr. A. S. No. 1277 of 1991 is filed by third defendant, who lost her separate suit for declaration and possession, being OS No. 21 of 1975 (hereafter called, second suit ). Similarly, tr. A. S. No. 1274 of 1991 is filed by fourth defendant when his suit, being OS No. 22 of 1975 (hereafter called, third suit) for declaration of title was dismissed by the lower Court, by impugned common judgment the trial Court decreed OS No. 13 of 1974 for partition overruling objections of defendant nos. 1, 3 and 4 that some of the items of plaint A and B schedule properties are not joint family properties and that they ceased to be joint family properties by reason of various alienations made by manager of the family for family necessities. Who is who

(2.) THE entire controversy and litigation is in relation to property of Kanumarlapudi family of Reddipalem Village of Kandukuru mandal in Prakasam District. For the purpose of this case one can look at, not beyond Kanumarlapudi Subbaiah and his family in 1950 and thereafter. Subbaiah is vysya gentleman. Basically, he was a kirana merchant selling sundry items. He and his wife, Mahalakshmamma @ venkata Lakshmamma (plaintiff No. 3), had five sons and four daughters. Venkata narasimham, Venkateswarlu (defendant no. 1), Rathaiah (plaintiff No. 1), Subba Rao (plaintiff No. 2) and Tirupathaiah (defendant no. 2) are sons. Venkata Narasimham died on 5. 6. 1958, but his wife, Kanthamma, is defendant No. 10 in first suit. It appears she remarried after death of her husband.

(3.) APART from members of Subbaiah's core family as above, there are other closely related players, who significantly contributed to the litigation. Modadugu venkata Subbamma is the sister of Maha lakshmamma. All along, she was staying in Reddipalem with Subbaiah's family. Bysani Venkateswarlu (fifth defendant) is younger brother of Maha Lakshmamma and venkata Subbamma. The son of fifth defendant is Bysani Krishna Rao (defendant no. 4 ). In addition to these closely related persons, Vavilala Venkata Lakshmamma (defendant No. 6), Thikkavarapu Krishna reddy (seventh defendant) and Dasari peddanna (ninth defendant) also set up claims in an item or two of plaint schedule properties. One Kanakamma, younger sister of Subbaiah, at one stage played significant role in the family affairs. Who instituted what