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2023 Supreme(Online)(AP) 8926

HIGH COURT OF ANDHRA PRADESH
3369 - T MALLIKARJUNA RAO
S. CHANDRA RAO MANDAPETA E.G.DT – Appellant
Versus
SURAMPUDI GANI RAJU (DIED) & 21 OTHERS – Respondent


JUDGMENT:

1. The Appeal, under Section 96 of the Code of the Civil Procedure, is filed by the appellant/plaintiff challenging the decree and judg- ment dated 07.07.1992 in O.S.No.99 of 1982 passed by the learned Subordinate Judge, Ramachandrapuram (for short, ‘trial court’).

2. The parties will hereinafter be referred to as arrayed before the trial Court.

3. The brief averments, of the plaint, are as under:

(a) The plaintiff is the son of defendants 1 and 2. Another son named Veeraswami, who passed away before the Hindu Succession Act, left behind his wife as his sole heir. She relinquished her claim in the joint family properties and received cash. The defendants 1 and 2 have four daughters who are married and received suitable marriage gifts. Defendants 3 to 6 are tenants of Items 10 and 11, paying a monthly rent of Rs.100, which the 1st defendant collects.

(b) The 1st defendant is from Arthamuru village near Mandapeta.

He and his brothers partitioned the joint family properties, with the 1st defendant receiving landed property and a house. He earns a living by cultivating his own lands and leased lands, as well as preparing and selling sugar cane pans for making jaggery. Veeraswami,

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