DONDAPATI NARAYANA REDDY Vs. DUGGIREDDY VENKATANARAYANA REDDY

JUDGEMENT

(1.) Delay condoned in SLP ( C ) No. 14429 of 2001 ( arising out of CC No. 5441 / 2001)

(2.) Leave granted.

(3.) Dondapati Narayana Reddy, one of the appellants in the above appeals filed Suit No. 214 of 1997 against his brothers and father claiming partition of the plaint - schedule property by metes and bounds and separate possession of 2/3rd share of the property. It was submitted that the said plaintiff and defendant No. 1 jointly purchased the undivided one half of the plaint-schedule property under registered sale deed dated 12-12-1978 for a consideration of Rs. 40,000/-. If was further alleged that they also purchased the remaining one half vide another sale deed dated 10-4-1979 for a further sum of Rs. 40,000/-. The grand -father of the appellant Dhondapati Narayana Reddy who had undivided one-third share in the said property executed a registered Will dated 20-8-1994 bequeathing his entire estate to the plaintiff-appellant. After the death of his grand-father, the plaintiff and his brother became absolute owners of one-third undivided share in the property and along with their father's one-third share they became owners of two-third undivided share in the scheduled property. It is alleged that in his written statement defendant No. 1 did not dispute the existence of Will dated 20-8-1998. On the basis of pleadings of the parties, the Court framed an issue to the effect, as to whether the plaintiff was entitled for partition and separate possession.