Judgment

S.P. Kurdukar, J.-Cherukuri Sambaiah was an affluent person having lands and house at village Pedda Makkana in Guntur District. He had left behind three sons, two daughters and a widow. Cherukuri Seethara­maswamy (A-1) is his third son whereas Cherukuri Kalidas (since de­ceased) was his second son. Appasani Vasumathi Devi (P.W. 1) is one of the daughters of Cherukuri Sambaiah who was married to Nageswara Rao of village Takkellapadu. After the death of her husband she has been residing at her parents’ house at Pedda Makkana. Cherukuri Sambaiah during his life-time divided his properties amongst his sons, daugh­ters and his wife Cherukuri Saraswathamma (P.W. 2). Cherukuri Kalidas (since deceased) was a doctor having two wives, namely, Pushpavani and Tripuranani Hemalatha (P.W. 3) who are sisters. Cherukuri Kalidas and his two wives went to Iran and stayed there for about ten years. During his absence the property allotted to his share was looked after by A-1. Cherukuri Kalidas returned to Guntur from Iran five years before the incident that took place on 24.6.1991 and opened his clinic at Guntur. Cherukuri Kalidas on his return used to go to his village Pedda Makanna occasion