ERRABALLI SRIRANGA RAO Vs. ERRABALLI SAMPATH RAO

JUDGEMENT

(1.) D-4 in O.S. 1/1974 who is the plaintiff in O. S. 2/74, Sub-Court, Warangal is the appellant in both these appeals. Plaintiff in O.S. 1/74 is the cross-objector. For convenience, parties will be referred to as they are arrayed in O.S. 1/74. The documents and witnesses will be referred to as recorded in O.S. 1/74.

(2.) Venkateswar Rao (D-1) had six brothers including Tirumal Rao. One of his brothers Vidyasagar Rao predeceased their father leaving behind his widow and a daughter. At the time of partition in 1951, between D-1 and bis brothers, some provision was made for the maintenance of the widow and daughter of Vidyasagar Rao. Five per cent of the properties were given as Jyesta Bhagam to D-1. The remaining extents were divided into six equal shares. For convenience, the lands were divided into three shares and each of the two brothers were given one such share. D-1 has four sons namely Sampath Rao (plaintiff), Muralidhar Rao (D-10), Vasanth Rao (D-3) and Sri Ranga Rao (D-4). D-10 was taken in adoption by Tirumal Rao's widow, Satyavati (D-17). In the division in the year 1951, the combined share for D-1 and D-10 was given.

(3.) Laxminarsamma D-2 is the third wife of D-1. D-5 is the daughter of D-1 through his second wife. D-6 to D-9 are the daughters of D-1 through D-2. Plaintiff, D-3, D-4 and D-10 are the sons of D-1 through D-2.