MACHAS SRINIVASA RAO Vs. MACHA ANASURYAMMA

JUDGEMENT

(1.) This appeal is filed against the Judgment and decree dtd. 21/2/2006 in O.S.No.09 of 1991 passed by the learned Principal Senior Civil Judge, Kothagudem.

(2.) One Macha Anasuryamma/plaintiff filed suit in O.S.No.9 of 1991 against one Macha Srinivasa Rao/defendant No.1, who is her son and one Reka Nagarjun Rao/defendant No.2 who is the adopted son, for partition and separate possession of the suit schedule property. As per the Order in I.A.No.113 of 1991, the name of the second defendant was altered as Macha Nagarjun Rao.

(3.) The brief facts of the suit are that one Macha Komaraiah married the plaintiff/respondent No.1 herein after the death of his first wife namely Macha Yakamma as per the Hindu Customs and rites and he was blessed with a son/defendant No.1 through his first wife. Though, the plaintiff's marriage with Macha Komaraiah was consummated, they were not blessed with any issues. Her husband brought up defendant No.1, but defendant No.1 has not reciprocated properly. The plaintiff due to close intimacy with one Reka Satyam, orally agreed to adopt his son/defendant No.2 nominally, when he was aged about 10 years, but the adoption was never acted upon and he was attached with his natural parents. A nominal adoption deed was executed at the instance of Reka Satyam, but the adoption is void ab initio as contrary to Sec. 8, 10 & 11 of the Hindu Adoption and Maintenance Act, 1956 and it confers no right, interest or otherwise in the family and properties of plaintiff or plaintiff's husband. As on the date of adoption, the defendant No.1 was alive and he was born through the first wife of plaintiff's husband.