UMADE RAJAHA RAJE DAMARA KUMARA VENKATALINGAMA NAYANIM BAHADUR VARU, RAJAH OF KALAHASTI Vs. PANAGANTI PARTHASARATHY RAYANIMGAR

JUDGEMENT

(1.) This appeal arises out or a suit instituted by the present Raja of Kalahasti (Venkatalingamma by name) on the basis of a mortgage deed executed by his father the late Rajah of Kalahasti (Timma Nayanim Varu) in favour of his second wife Chinnamma for a sum of Rs. 63,000 on the 2nd January, 1913- Ex. Rules The late Rajah of Kalahasti whom it will be more convenient to refer in this judgment as Timma, died on the 5 December, 1919, after he had held the impartible estate of Kalahasti for about 14 years. Timma had two sons by his first wife Chellamma one of whom is the present plaintiff and the other was Akkappa.

(2.) Akkappa was given in adoption by Timma to his elder brother Muddu Venkatappa who held the impartible estate of Kalahasti after the death of his father Venkatappa Nayanim Varu (commonly known as the C. S. I. Raja) up till the 22nd March, 1894. Muddu Venkatappa had, while he held the impartible estate, executed a mortgage in 1893 on some of the villages of his estate for a large sum of money in favour of a rich Hyderabad banker Raja Narasingh Girji. Muddu Venkatappa was succeeded by his adopted son Akkappa who, as stated above, was the natural son of Timma and remained in possession of the impartible estate of Kalahasti, between March, 1894 and May, 1905. It might be mentioned here that the estate being indebted to the extent of a sum of Rs. 33,48,879-1-6 was made over by Akkappa to the Court of Wards some time in 1900, but they relinquished their charge of the same on Akkappa's death or to be definite three months later. Since then the estate remained in Timma's possession up to the time of his death when it passed on to the present plaintiff. During his lifetime Timma seems to have been obliged to renew the mortgage in Raja Narsingh Girji's favour for an amount which had by then grown to be 6 lakhs but to this we will have to refer again.

(3.) Timma had a daughter Rangamma by his second wife Chinnamma. She was alive when Chinnamma died in 1919 and passed away in 1925 leaving behind her an adopted son Venkatarama, who is the 5 defendant in the present suit.