POODIPEDDI LAXMINARASAMMA Vs. GADA RANGANAYAKAMMA

JUDGEMENT

(1.) THIS is a plaintiff's Letters Patent appeal against the judgment dated 22-12-61 of Barman J. in Second Appeal No. 179/59.* * Reported in AIR 1962 Orissa 147.

(2.) THE suit properties which include residential houses belong to defendants 2 to 9 and 14 constituting a Mitakshara joint family and governed by the Hindu Law as prevalent in Madras. THE following pedigree would show the relationship of the parties : Chiranjili died without leaving any heir. Viswanatham and his two sons, Ramesam (father of defendant-2 and husband of defendant-3) and Lakhmikantam (D-4) executed a mortgage deed in favour of Gadi Ranga Nayakamma (D. 1) in respect of their 3/5th share in the property. Defendant-1 filed a suit (O. S. No. 6 of 1925) against the aforesaid mortgagors as also against Subbarao (father of defendants 7 and 8 and husband of defendant-9) and defendant No. 14 on the basis of the aforesaid mortgage and obtained a decree on 12-3-25 for sale of 3/5th share of the mortgage property. She put the aforesaid decree into execution and herself purchased the suit property and the other mortgaged properties in court auction sale on 23-4-40. THE sale was confirmed on 17-9-41 and symbolical delivery of possession was taken on 20-4-43. Meanwhile defendant-14 filed another suit (O. S. 303 of 1928) against defendant No. 1 and obtained a decree on 23-1-29 to the effect that the decree passed in O. S. 6025 was not valid and binding against him. On 16-4-55 defendant No. 1 sold her share in the suit property by means of a sale deed which was registered on 18-4-55. THE plaintiff has now filed the present suit on 19-4-55 for partition and specific possession in respect of the house properties mentioned in Schs. A and B of the plaint on the basis of her purchase from defendant No. 1.