KAMALAMMA AND NAGREDDY Vs. NARAYANRAO

JUDGEMENT

(1.) O .S. No. 50/2004 is filed by respondents 1 to 3 Sri Narayanrao, W/o. Kishanrao Tumkur, Sri Santosh, W/o. Jairao Tumkur and Sri Satish, S/o. Jairao Tumkur for partition and separate possession of certain properties. The appellants herein were the defendants 4 and respectively in the said suit. The suit came to be decreed on certain terms. The said decree was assailed before this Court in RFA. No. 5001/2009 c/w. RFA. No. 5018/2008. RFA. 5001/2009 is filed Smt. Kamalamma, W/o. Basareddy and Sri Nagreddy, S/o. Basareddy, who are stated to be the purchasers of certain of the suit properties. RFA. No. 5018/2008 is filed by Smt. Padmavathibai, W/o. Govindrao, Sri Anand Rao, S/o. Govindrao and Smt. Ramadevi, W/o. Anandrao Tumkur, who are certain defendants in the original suit. Both the appeals were clubbed together and decided on 8.2.2010. The appeals came to be dismissed with certain observations, which read thus: -

(2.) AS already concluded by this Court in RFA. No. 5001/2009 c/w. RFA. No. 5018/2008, the interest of the appellants herein who have purchased the properties under the sale deeds shall be protected by allotting the sold properties to the share of the vendors of the appellants herein under equitable partition. Which means, the interest of the appellants which they have purchased under the sale deeds is only the interest of a person/persons who have executed the sale deed. Other members of the joint family are in no way affected by the said alienation. In this view of the matter, this Court in the aforementioned RFAs have directed the appellants (defendants 4 and 5) have to work out their remedies in Final Decree Proceedings. It is by now well settled that the interest of the purchasers can be protected by allotting the purchased properties to the share of the person/persons who have executed the sale deeds. If the vendors of the appellants are allotted the properties which are sold under the sale deeds, the same would enure to the benefit of the appellants. In view of the same, the Court below while passing the Final Decree was not justified in making three strips in all the properties including the properties purchased by the appellants herein. The purchased properties could have been allotted to the person/persons who have sold the properties in favour of appellants. In this view of the matter, the Court below while deciding FDP. No. 6/2009 is not justified in dividing all the properties in three strips. The best course would have been to allot the properties purchased by the appellants herein in favour of Smt. Padmavathibai, Anandrao and Smt. Ramadevi (vendors of the properties) so as to enable the appellants to secure them in Final Decree under equitable partition.