MALAKAYYA Vs. AVATI BUCHAMMA
HIGH COURT OF ANDHRA PRADESH
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Sriramulu, J. -
(1.) This Letters Patent Appeal is directed against the judgment and decree of our learned Brother, Chinnappa Reddy, J. Given in A. S. No. 11 of 1967, whereby the learned Judge dismissed the defendants appeal with costs.
(2.) The material facts leading to this Letters Patent Appeal may briefly be stated. One Avati Bhoomaiah and the respondent in this Letters Patent Appeal, respectively claiming to be the adopted son and the widow of one Avati Abbu, filed O. S. No. 77 of 1962 in the Court of the Subordinate Judge Nizambad, for a declaration of their title to and for a permanent injunction restraining the defendants from interfering with their possession and enjoyment of the properties left by Avati Abbu. The defendants mainly resisted the suit on the ground that neither Bhoomaiah was the adopted son nor the respondent herein the widow of Avati Abbu. They further stated that they were in possession and enjoyment of the suit properties as the nearest heirs of the deceased. Avati Abbu.
(3.) The trial Court framed six issues and, after considering the evidence adduced by the parties in support of their respective versions, found that Avati Bhoomaiah was not the adopted son but the respondent herein was the widow of Avati Abbu and accordingly, dismissed the suit filed by Bhoomaiah but decreed the suit so far as it related to the respondent herein. Bhoomaiah whose claim of being the adopted son of Avati Abbu was negatived and his suit dismissed by the trial Court did not choose to prefer an appeal. The defendants however, preferred a first appeal, A. S. No, 11 of 1967, against the trial Courts judgment and decree in favour of the respondent herein., The first appeal came up for hearing before our learned Brother, Chinnappa Reddy. J.;
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