MALLIPUDI ACHARYULU Vs. MALLIPUDI VENKAYYAMMA

JUDGEMENT

(1.) This is an appeal against the Judgment of the Subordinate Judge. Rajabmundry given in A. S. No, 59 of 1961 on 23rd March. 64 whereby the learned Judge allowed the appeal and decreed the plaintiff's suit and passed a decree in favour of the plaintiffs and the Ist defendant directing ejectment of defendants 3 and 4 and also partition between the plaintiffs and the Ist defendant. A decree for future mesne profits was directed to be passed after determining the question on a separate application, Defendants 3 and 4 are the appellants, who were really the contesting defendants in the Courts below.

(2.) The essential facts are that one Musalayya had five sons and one daughter. Ammanna was one of the sons, He executed a will on 24-12-1889 (Exhibit A. 1) He died thereafter leaving his widow Kamamma. His sister Ammayi was married to Venkatarayudu. This Ammai and Venkatarayudu had in all four sons end one daughter. Bapiraju, the second son died. Suramma, the daughter is not a party. Chella Rao the first son died in 1919 leaving behind him his widow Mangamma, the 2nd defendant, and two sons Veeranna, the 1st plaintiff, and Kamanna, the 1st defendant. Veeranna also died during the pendency of the suit. Venkayamma, his widow, is the 2nd plaintiff. Veeranna's sons are plaintiffs 3 to 6. Under the will (Exhibit A. 1) Ammanna bequeathed about 6 acres of land in two plots to his wife Kamamma. He also provided maintenance to his mother Mahalakshmi at the rate of two putties of paddy per year. He authorised his wife to adopt his nephew, sister's soa, Chella Rao. He bequeathed the vested remainder in bis properties to the said Chella Rao his nephew. He also directed that if no adoption was made, the wife would have life estate. He directed his wife to discharge his debts amounting to 400/-. After her death the vested remainder as above was to go to Challa Rao. After the death of Ammanna, Kamamma was in possession and enjoyment of the suit schedule properties. She died on 23-1-1948. As Chella Rao died in 1919, the vested remainder devolved on his sons, the Ist plaintiff and bis younger brother the 1st defendant.

(3.) Defendants 3 and 4 had filed O S. No. 149 of 1948 on the file of the District Munsif's court, Kakinada for the recovery of the self-same properties of Ammanna. Their contention was that they were the nearest heirs of Ammanna. They obtained a decree in the said suit. The 1st plaintiff and the 1st defendant were not parties to that suit. With a view to get the disputes relating to the suit properties settled even as between the Ist plaintiff and the Ist defendant on the one hand and the defendants 3 and 4 on the other, they were impleaded as parties.