HANUMAMMA Vs. MANJULAMMA

JUDGEMENT

(1.) Heard the appellants' counsel. This matter is listed for Admission.

(2.) This second appeal is filed against the concurrent findings. The factual matrix of case of the plaintiff before the trial Court while seeking the relief of partition and separate possession is, that the suit schedule properties are the ancestral and joint family properties and the registered Partition Deed dtd. 12/1/2018 executed between the defendants is not binding on her. Defendants took the contention that an extent of 02 guntas in Survey No. 85/5 has been taken by the plaintiff as her share by way of palu parikath and got constructed the house in the said property and there was already a partition. Once when she has taken the share, she cannot maintain a suit for partition.

(3.) The trial Court having considered the grounds which have been urged in the plaint as well as in the written statement and also the oral and documentary evidence answered issue No.1 in the affirmative holding that plaintiff and defendants are the members of Hindu joint family. It has also answered Issue No.2 partly in the affirmative holding that suit schedule properties are the joint family properties, except, Item No. 6 and also comes to the conclusion that partition between the father and sons entered on 12/1/2018 is not binding the plaintiff and granted the relief in favour of plaintiff by granting 5/16th share in the suit Item Nos. 1 to 5 and 7. The same has been challenged before the Appellate Court in RA No.2/2023 by the 4th defendant. The Appellate Court also on considering the grounds which have been urged, comes to the conclusion that trial Court has not committed any error and considered both oral and documentary evidence in a proper perspective and has rightly came to the conclusion that Item No. 1 to 5 and 7 are the ancestral joint family properties belonging to the plaintiff and defendants, that the plaintiff is entitled for 5/16th share in Item No.1 to 5 and 7 of the suit schedule properties and that the registered Partition Deed dtd. 12/1/2018 executed between the defendants excluding the plaintiff does not binds her share in the suit schedule properties and dismissed the appeal.