MADDUKURI RATNAM & ANOTHER Vs. ALLURI VEERANNA & OTHERS

JUDGEMENT

(1.) This is an appeal against the judgment of the District Judge, West Godavari in A. Sec. 58 of 1966 confirming the judgment of the Principal District Munsiff, Tanuku, in O.S. 428 of 1953 by which he dismissed the suit of the plaintiffs for the recovery of possession of plaint A and B schedule properties.

(2.) The suit was filed by the reversioners of one late Maddukuri Subbayya who died about 70 years prior to the institution of this action. The said Subbayya left him surviving him widow, one Veera Verkamma (he had no issues; who died on 10-5-1953. During her life time she had sold items 1 and 2 of the plaint A schedule to her sister's grandson, the 1st defendant in the suit, under ex. B-7. The 1st and 2nd defendants made further dispositions of the properties obtained by them. The plaint B schedule properties were taken possession of by the 3rd defendant's father. The plaintiffs sued to recover the said properties as reversioners of late Subbayya alleging that the properties belong, ed to late Subbayya, that he died possessed e f these properties and that the alienations under Exs. B-10 and B-7 did not bind them.

(3.) The suit was resisted with regard to plaint A and B schedule properties on the ground that they did not belong to Subbayya but to Veera Venkatamma herself. Item (i) of A schedule was gifted to her by her maternal uncle, Sunakara China Venkanna on 20-6-1873. Item 2 thereof was given to her by one Gullapalli Hanumantayya in a compromise in C.C. 102 of 1899 on the file of the S.S. Magistrate's Court, Tanuku. Items 3 to 6 were her Stridhana properties. These items, therefore, belonged to Veera Venkamma absolutely ai d her dispositions could not be questioned.