(1.) Defendants in the suit are appellants before us. Smt. Leelavathi, predecessor-in-interest of the present respondents filed a suit for partition. The properties in the suit belonged to one G. Venkata Rao. He died on or about 18.10.1974 leaving behind three sons, V. Shankaranarayana Rao, V. Sathya Murthy and V. Surendranath and a daughter Smt. Leelavathi.
(2.) Wife of Shri G. Venkata Rao, Smt. Sharada Bai pre-deceased him. V. Shankaranarayana Rao died on or about 24.12.1995 i.e during the pendency of the appeal. Mr. V. Sathya Murthy died on or about 10.10.1999 leaving behind a son Srinivasa. V. Surendranath was the defendant No. 3 (appellant). Plaintiff Leelavathi also died during the pendency of the appeal leaving the respondents herein as her heirs and legal representatives. Leelavathi filed a suit on or about 24.3.1976 which was registered as O. S. No. 43 of 1976 for partition of the suit properties claiming 1/4th share in the properties of the said G. Venkata Rao.
(3.) Defendants/Appellants denied and disputed that G. Venkata Rao had purchased any property in their names alleging that schedule Item No. 1(a) is the personal property of the third defendant, whereas item Nos. 1 (b) and 1(c) thereof belong to the second defendant. It was contended that the properties standing in their names are exclusively owned by them and even three fixed deposits were their own personal properties. It was averred that a joint saving bank account in the Syndicate Bank, Bangalore was being operated in the joint names of the deceased-Venkata Rao and the defendant No. 2 and only a small amount had been lying therein. As regards item No. (3), it was alleged that no debt was due or payable to the deceased. It was furthermore contended that he had left no jewellery. In regard to the household articles which were described in items 10, 12, 19, 20, 21 and 22, of the plaint schedule the valuation whereof was assessed also at Rs. 400, were, however said to be available for partition.