POLURU CHINNA VENKATAIAH Vs. POLURU VENKATANNA

JUDGEMENT

(1.) The three plaintiffs instituted Suit No. 888 of 1923 on the file of the District Munsif's Court, Kurnool to recover by metes and bounds 3/5 share in the properties mentioned in the plaint which are a house and some lands. The main allegations in the plaint were that the properties belonged to one Polur Ramana, that he died about forty years ago leaving him surviving his widow Pullamma, that the suit properties which belonged to Ramanna devolved on his death on his widow Pullamma, his nearest heir, that Pullamma was in possession of the properties and that she died two months prior to the date of the plaint (para. 1). In para. 3 it was alleged that Ramanna and his brothers were divided in interest. The plaintiffs who are the sons of the brothers of the said Ramanna filed the suit to recover. 3/6 share of the suit properties, alleging that the defendants who are the sons of another brother of the deceased Ramanna are entitled to the remaining 2/5. The 2nd defendant is the contesting defendant. He alleged in his written statement that the suit properties did not belong to the late Ramanna (para. 3) and that there never was a division between Ramanna and his brothers (para. 4). In para. 11 it was alleged that Gurappa, the father of the Palapothala Pullamma was the maternal uncle of the late Ramanna and his brother. Because the said Pullamma was the son- in-law of the family of the Poluru people and was also the maternal uncle's son, the suit properties passed to him (Pullanna) 35 years ago through the said Rosanna, Naganna and others. A plea of limitation was also set up. In this state of the pleadings the learned District Munsif framed the following issues.

(2.) Issue No. 1, related to the correctness of the genealogy. We are not concerned with that because, there is no dispute now on the question of relationship. The 2nd issue was "Did the suit properties belong to the late Ramanna?"

(3.) Was the late Ramanna divided from his brothers as said in the plaint?