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Andhra Pradesh High Court
Judges : B.K.SOMASEKHARA
Garimella Annapumayya - Appellant
Versus
Kota Appal narasimhamurthy - Respondent
Decided On : 10-31-94
The plaintiff, who was the sister's son of Somayajulu, filed two suits against the defendants, who were Somayajulu's widow, son, and daughters, claiming a share in the family properties based on an alleged illatom affiliation and agreement to give him a share. The defendants denied the illatom affiliation and agreement and claimed that the plaintiff had no right to the properties. The trial court dismissed both suits, finding that the plaintiff had failed to prove the illatom affiliation or agreement and that he was not entitled to any share in the properties. The plaintiff appealed.
Fact of the Case:
The plaintiff, who was the sister's son of Somayajulu, filed two suits against the defendants, who were Somayajulu's widow, son, and daughters, claiming a share in the family properties based on an alleged illatom affiliation and agreement to give him a share. The defendants denied the illatom affiliation and agreement and claimed that the plaintiff had no right to the properties. The trial court dismissed both suits, finding that the plaintiff had failed to prove the illatom affiliation or agreement and that he was not entitled to any share in the properties. The plaintiff appealed.
Finding of the Court:
The High Court dismissed the appeals, upholding the trial court's findings. The court found that the plaintiff had failed to establish the illatom affiliation or the agreement to give him a share, and that he was not entitled to any share in the properties. The court also found that the defendants were estopped from claiming the amount that the plaintiff had received from the bank, as they had consented to the payment and had not taken any steps to recover the amount until after the plaintiff had filed suit.
Issues: 1. Whether the plaintiff was taken as an illatom son-in-law at the time of his marriage to late Annapumamma, the daughter of late Somayajulu in 1944 with an understanding and promise to give a 1/4th share in all properties then existing and that may be subsequently acquired. 2. Whether there is any custom of taking illatom adoption affiliation prevalent in these parts or any where in Andhra Pradesh among the Brahmin community? 3. Whether the plaintiff has acquired any right in the properties of late Somayajulu by reason of the alleged illatom adoption. 4. Whether late Annapumamma was given the D-schedule jewels at the time of marriage and if whether any or all them were entrusted by the plaintiff to the 2nd defendant after her death after removing jewels from the dead body before creation? 5. Whether the plaintiff was entrusted the d-Scheduled properties as the heirs of late annapumamma. 6. Whether late Annapumamma became entitled a 3/20th share in the A,b,c schedules properties on the death of late Somayajulu? 7. Whether the plaint schedules are correct? 8. Whether late Somayajulu had no ancestral property and all the properties are self- acquired? 9. Whether 1st defendant and his father are joint or divided? 10. Whether the plaintiff who has withdrawn Rs. 5 814. 52 as his wife s share from the cooperative Central Bank, Chodavaram has entrusted the same to the 1st defendant? 11. Whether the plaintiff is entitled to any share of any of the properties described in any of the plaint schedules as heir of his wife or otherwise? 12. Whether defendants are entitled to exemplary costs in the suit? 13. To what relief?
Ratio Decidendi: 1. The plaintiff failed to establish the illatom affiliation or the agreement to give him a share, and therefore, he was not entitled to any share in the properties. 2. The defendants were estopped from claiming the amount that the plaintiff had received from the bank, as they had consented to the payment and had not taken any steps to recover the amount until after the plaintiff had filed suit.
Final Decision: The High Court dismissed the appeals, upholding the trial court's findings.
( 1 ) THE common judgment and decree rendered in O. S. No. 86/77 (O. S. 57/77) and O. S. No. 5/78 (O. S. 101/77) dated 31. 12. 1980 by the learned sub Judge (Sri B. Venkateswara Rao), Chodavaram, visakhapatnam district have lead to these two appeals. The two suits and appeals are between the same parties inter vivos involving common questions of fact and law. The arrayal of them in the capacity of plaintiff and defendants in the suit correspondingly make them parties in the appeal as appellant and respondent and vice versa. The plaintiff in o. S. No. 86/77 is the appellant and the defendants therein are the respondents in A. S. No. 1013/82. The plaintiffs in O. S. 5/78 are the appellants and the defendant therein is the respondent in A. S. No. 3194/82. So the style of parties as they occupied in the suits as plaintiff and defendants shall be repeated for reference in these appeals.
( 2 ) THE parties litigated over the subject matter of the suits described in Plaint Schedules a to E comprising movable and immovable properties and cash. The suit O. S. No. 86/77 is for partition and separate possession of 8 shares out of 20 equal shares in plaint A, B, c and Item No. 2 in E-schedule properties, for recovery of possession of D schedule properties from the defendants 1 and 2, for mesne profits and such other reliefs as the Court may deem fit to grant in the circumstances of the case. In O. S. No. 5/78 the plaintiffs want to recover rs. 7,907-60 from the defendant (plaintiffin the other suit) which is said to have been wrongly paid to him by the Co-operative Central bank, Chodavaram on 6. 6. 1975 for costs and such other reliefs. Both the suits were resisted by the respective defendants.
( 3 ) THE learned Sub Judge has succinctly and neatly recorded the admitted facts and the controversies between the parties: One late kota Somayajulu of Arjunagiri has been the pivotal figure of the litigation. Defendant No. 2 is the widow, defendant No. 1 is the son and late Annapurnamma and defendants 3 and 4 are the daughters of Somayajulu. The plaintiff is the sister s son of Somayajulu and also the husband of Annapurnamma the daughter of somayajulu. The plaintiff married her in the year 1944. Annapurnamma died on 22-9-72 at k. G. Hospital, Visakhapatnam and her dead body was cremated at Arjunagin. Somayajulu died on 6. 6. 72. The family of Somayajulu is mainly an agricultural family with money- lending business and other businesses. At the time of marriage of Annapuramma with the plaintiff, some of the gold ornaments as mentioned in plant D-schedule were given to her. She used them till she died. Annapurnamma died intestate and issueless. Somayajulu has deposited Rs. 29,000. 00, his money, in Cooperative central Bank, Chodavaram. After his death, the plaintiff and his wife had laid claim for the money. The Bank after enquiry, felt that the plaintiff and his wife were each entitled to 1/5th share and accordingly each of them including the surviving daughters of Somayajulu got Rs 5,814. These are the uncontroverted facts for both the sides. The plaintiff had pleaded that he, his brothers, Somayajulu and his brothers were living together as a composite family and acquired by their joint efforts a house and some some lands at Arjunagiri. Somayajulu had acquired some properties 20 years back in a partition. The plaintiff specifically pleaded that in these parts (where the parties reside) illatom affiliation is prevailing in all agricultural families irrespective of the caste from ancient times. At the time of the marriage of the plaintiff with Annapoomamma, he was taken as an illatom son-in-law by Somayajulu with an understanding and promise to give him 1/4th share in all the properties then existing and other properties that may be acquired by the family in future. At the time of the marriage, the defendant No. 1 was an young boy of six years and Somayajulu had no assistance to carry on agricultural operations. Therefore, the p
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