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ARIJIT PASAYAT, TARUN CHATTERJEE
Bhogadi Kannababu – Appellant
Versus
Vuggina Pydamma – Respondent
The primary issue in this case revolves around the legal right to inherit and possess the property in question following the death of the original owner, Suryanarayana. Specifically, the case addresses whether the daughters, respondents 2 and 3, who were born out of a marriage considered void under applicable law, are entitled to inherit the property along with the first wife, Chilakamma, and whether Pydamma, the second wife, has any lawful claim to the property. Additionally, the case examines whether the eviction of the appellants by the respondents is legally justified based on their status as tenants and the validity of the inheritance rights, despite questions regarding the legitimacy of the marriage and the applicability of certain statutory provisions governing inheritance and tenancy rights (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
JUDGMENT
Tarun Chatterjee, J.—One Shri Vuggina Suryanarayana was the owner of the following lands in vommali village of Madugula Mandalam of Vishakhapatnam district of Andhra Pradesh:
0.64 Acres in S. No. 77/1
1.46 Acres in S. No. 116/1
2.31 Acres in S. No. 117/1
3.06 Acres in S. No. 117/2
2.25 Acres in S. No. 117/5
1.13 Acres in S. No. 117/6
1.16 Acres in S. No. 117/9
1.19 Acres in S. No. 117/9
(hereinafter referred to as “the properties in question”).
He died on 8th January 1972 leaving behind two widows, namely Chilakamma and Pydamma. Admittedly, the second marriage between Vuggina Suryanarayana and Pydamma had taken place during the subsistence of the first marriage of Vuggina Suryanarayana and Chilakamma. Out of the second marriage two daughters, namely, Nukaratnam and Mahalakshmi were born. On 28th July 1973 the first wife of Vuggina Suryanarayana, Chilakamma, died issueless. According to Pydamma, on the death of Suryanarayana and Chilakamma the properties in question devolved on her and her two daughters, who are respondent Nos. 2 and 3 herein. Pydamma, had filed an application for eviction of the appellants under the Andhra Pradesh (Andhra Area) Tenancy Act 1956 (in short ‘the A.P. Te
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