GANNMANI ANASUYA Vs. PARVATINI AMARENDRA CHOWDHARY

JUDGEMENT

(1.) This appeal is directed against a judgment and decree dated 29.10.1999 passed by a Division Bench of the High Court of Judicature at Andhra Pradesh at Hyderabad whereby and whereunder an appeal preferred by Appellants herein, who were Defendant Nos. 2, 3 and 5 to 7 in the suit, from a judgment and decree dated 23.04.1993 in O.S. No. 55 of 1985 passed by the Subordinate Judge, Ramchandrapuram, was dismissed.

(2.) Plaintiffs (Respondent Nos. 1 and 2 herein) filed a suit purported to be one for partition claiming 2/3rd share in the property described in Schedule A appended to the plaint, claiming 4/9th share in the property described in Schedule B appended thereto, as also for a decree directing the Defendants 1 to 3 to render fair and proper accounts in respect of the poultry business which was being run in the Schedule B property from the year 1968 onwards as also for future profits thereupon.

(3.) Plaintiffs are sons of Defendant No.1 (Respondent No.3 herein). One Narasimha Murthy was the father of Defendant No.1. Appellants herein admittedly are related to the respondents. Appellant No. 1 is niece of late Narasimha Murthy. Her parents died when she was very young and unmarried. She was brought up by the said Narasimha Murthy and married to Appellant No.2 herein. Appellant Nos. 1 and 2 allegedly were close to the said Narasimha Murthy. At the time of marriage, Appellant No. 2 was a student of Veterinary Science at Madras. After securing B.V. Sc. Degree, he got an appointment in the veterinary department and later on became a B.D.O., and subsequently a Project Officer in the Urban Community Development of the Hyderabad Municipal Corporation. They allegedly approached Defendant No. 1 and late Narasimha Murthy to invest money in poultry business at Hyderabad; pursuant whereto investments were made. Allegedly, an arrangement was entered into by and between the parties that profits of the said business can be shared by late Narasimha Murthy, on the one hand, and Defendant No. 1 and Defendant No.2, on the other, equally after giving due credit to the expenditure and interest to investments made @ 15% p.a. 7 acres and 14 guntas of land was purchased with the moneys advanced by late Narasimha Murthy and Defendant No.1 at Attapur near Hyderabad in the name of late Narasimha Murthy and the Defendant No.2. Poultry business was, thus, started.