CHUKKA VENKATADRI Vs. M MAHALAKSHMAMMA

JUDGEMENT

(1.) A.S. No. 801 of 1995 is against the judgment and decree in O.S. No.91 of 1983 on the file of the Subordinate Judge's Court, Chirala, dated 08-03-1995. C.M.S.A. No.90 of 2005 is against the order and decreetal order in E.A. No. 259 of 1996 in E.P. No.75 of 1995 in OS.No.91 of 1983, dated 27-03-2003 on the file of the Senior Civil Judge's Court, Chirala. A.S.M.P. No. 1931 of 2005 in A.S.No.801 of 1995 is to receive the accompanying documents as additional evidence, whereas A.S.M.P. No. 1354 of 2005 is a petition by a third party to be impleaded as 36th respondent in A.S. No.801 of 1995.

(2.) The parties are referred to herein as they are arrayed in O.S. No. 91 of 1983.

(3.) Respondents 1 to 4 in A.S. No.801 of 1995 filed O.S. No.91 of 1983, in which the appellants are defendants 2 and 32. The claim in the suit is that Mallarapu Venkateswarlu, Ramulu, Kottayya and Lakshmayya are brothers and they divided their family properties under a registered partition deed, dated 14-04-1931, in which Ac.4-05 cents of dry land of Kothapet village in patta No.759 and D.No. 146/1-A fell to the share of Kotayya and Lakshmayya. The 1st plaintiff is the widow and plaintiffs 2 to 4 are the sons of Kotayya. In 1935, Kotayya sold Ac.0-70 cents to Chukka Venkateswarlu, son of Lakshmayya and the same was purchased by the 2nd defendant and his brother Venkateswarlu. After Kottayya died intestate in 1943, the 1st plaintiff sold Ac. 0-76 cents to the 2nd defendant, for herself and on behalf of the then minor plaintiffs 2 to 4. She also sold Ac.0-40 cents to Chukka Kotayya, son of Peraiah. In 1953, the 2nd defendant sold Ac.0-26 cents out of Ac. 0-76 cents to Chukka Kotayya, resulting in the 2nd defendant retaining Ac.0-50 cents and Chikka Kotayya getting Ac.0-66 cents. On 22-02-1967, Mallarapu Lakshmayya, his son Sambayya and the plaintiffs sold Ac.0-50 cents to the 1st defendant along with some other annexed wet land. The plaintiffs along with Chukka Kottayya and his sons, and Mallarapu Lakshmayya and his son Sambayya also sold Ac.1-00 to the 1st defendant. Thus, the plaintiffs, Kotayya, Lakshmayya and Lakshmayya's son Sambayya parted with Ac.2-70 cents in D.No. 146/1-A leaving Ac.1-35 cents to the plaintiffs who became entitled to the same under the registered partition deed, dated 22-02-1967 between the branches of Lakshmayya and the plaintiffs. The plaintiffs claimed that when plaintiffs 2 to 4 were getting the land measured to partition the same between themselves in the middle of June, 1983, the 2nd defendant and others abetted by the 1st defendant and Dr. K. Sadananda Rao and others obstructed them in respect of Ac.0-85 cents while the remaining Ac.0-50 cents are always in the possession and enjoyment of the plaintiffs. The plaintiffs were not ousted even from the remaining Ac.0-85 cents and the 1st defendant having Ac.1-50 cents in D.No.146/1-A and Ac.0-50 cents in D.No.146/1-B must be in the possession of the said Ac.0-85 cents along with the sons of the 2nd defendant i.e. Ramulu and Peda Venkateswarlu. The defendants were alleged to have brought into existence the sale deeds of 1981 from defendants 1 to 3 and hence, the plaintiffs filed the suit for possession of Ac.0-85 cents.