GUNTUR BRAHMIAH Vs. MOTAKATLA VENKAIAH
HIGH COURT OF ANDHRA PRADESH
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Narasimham, J. -
(1.) These appeals arise out of suits filed by a common plaintiff
for possession of lands alleged to have been trespassed on by the respective defendants-
and for the recovery of mesne profits, past and future. The suits were dismissed
by both the Courts below. The plaintiff is the common appellant in these Second Appeals.
(2.) The lands, which are the subject-matter of the suits, are situated in Rajupalem
and Tirupuranthakam and constitute the emoluments for Blacksmith and
Carpenter services, hereinafter to be referred to as the service inam lands, to be rendered
by the holder. The last holder was one Balalingam who died on 15th October, 1945.
(3.) He had adopted one Venkatasubbaiah alias Peddaiah, a native of Gudipadu
in 1930, who assisted him in rendering the services. The said Venkatasubbaiahmarried one
Narasamma ; but the said Venkatasubbaiah pre-deceased his adoptive
father in 1939 leaving no issue. The said Balalingam executed a registered will,
Exhibit B-5 dated 29th January, 1942 by and under which he authorised his widowed
daughter-in-law Narasamma to adopt anyone of her choise for the continuation of
the family line. It would appear that he was about 80 years of age at the time and
executed the will as he was apprehensive that he might not live long. He left all
his properties to his widowed daughter-in-law. Subsequently, on 3rd June, 1943
the said Balalingam and his wife Lingamma executed a settlement deed in respect
of the service inam lands in favour of the plaintiff-appellant herein whom he
described as the grandson of his junior paternal uncle. In the said settlement deed,
he purported to cancel his will, dated 29th January, 1942. Later, Balalingam and
his wife executed a registered deed of cancellation of the aforesaid settlement deed,
Exhibit A-1. Balalingam did not stop there. He and his wife and another instituted
a suit O.S. No. 221 of 1945 in the Court of the District Munsif, Markapur, for the
cancellation of the settlement deed. It would appear that Balalingam and his wife
died during the pendency of the suit. The suit was dismissed on 12th July, 1946.
The appellant herein laid the suits O.S. Nos. 36, 37, 38 and 48 of 1954 for recovery
of possession of the service inam lands alleging that he is entitled to those lands as
the nearest heir to Balalingam as also under the registered settlement deed, Exhibit
A-1, and that the defendants trespassed on the lands in June, 1952.;
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