INDUKURI SATYANARAYANA RAJU Vs. KATARI KRISHNAM RAJU
HIGH COURT OF ANDHRA PRADESH
INDUKURI SATYANARAYANA RAJU
KATARI KRISHNAM RAJU
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(1.)The defendant in O. S. No. 11/1965 on the file of the Court of the Subordinate Judge, Eluru, is the appellant herein. The suit was filed by the two plaintiffs, the respondents herein, for declaration of their title to the plain-schedule property and for recovery of possession of the same together with future mesne profits.
(2.)The plaintiffs case is that the defendant is the husband of their sister, Indukuri Ramaseethayamma, that they were married in the year 1947, that on 2-2-1951 under Ex. A-1, the plaintiffs and their father Narayana Raju, executed a registered settlement deed in favour of Ramaseethayamma giving her Ac. 2-00 in Survey No. 89/1 of Vadluru village with a right to enjoy the income from the said land during her lifetime, and that after her death, her children were to enjoy the same with absolute rights. Ramaseethayamma died on 7-9-1964 issue less. The plaintiffs therefore contended that they are entitled to the suit lands.
(3.)The defendant contested the suit stating that the settlement deed Ex. A-1 dated 2-2-1951 was executed in favour of his wife giving her absolute rights in the suit properties, that at the time of his marriage with Ramaseethayamma, her father announced a gift of the suit lands in her favour towards "Pasupkunkuma", that pursuant to the aforesaid announcement, he settled the property on his daughter, and that even as per the terms of the settlement deed, the donors did not intend that the property should revert back to them in case the donee died issue less. He also set up a settlement deed Ex. B-1 alleged to have been executed by Ramaseethayamma in her being the husband of Ramaseethayamma. is the legal heir to the suit property after her death, and that he also perfected title to the suit lands by adverse possession.
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