M. VEERABHADRAIAH Vs. SUSHEELAMMA AND ORS.

JUDGEMENT

(1.) This is a second defendant's regular first appeal challenging the judgment and decree of the Trial Court decreeing the suit of the plaintiff granting each of the parties 1/4th share in item Nos. 1 to 5 of the suit schedule properties and dismissing the suit in respect of item No. 6.

(2.) For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) The case of the plaintiffs is that the 1st defendant Basamma is their mother, the 2nd defendant is the brother and 3rd defendant is the Land acquiring authority. According to the plaintiffs, the suit schedule properties originally belonged to A.S. Mallaiah, who is the husband of the 1st defendant and father of plaintiffs and defendant No. 2. After his death, in the year 2003, the properties came to be transferred to the name of the 1st defendant. The plaintiffs and defendants 1 and 2 have succeeded to the estate of the deceased Mallaiah and they are in joint possession of the properties. In item No. 1 and 2 the entire extent of land and in item No. 3, 18 guntas of land was acquired by the 3rd defendant for Rajiv Gandhi Medical University. The defendants 1 and 2 are trying to receive entire compensation for themselves. When plaintiffs demanded partition, the defendants 1 and 2 are postponing the partition on one pretext or the other. The defendants 1 and 2 are making hectic attempts to withdraw the amount from 3rd defendant. The father of plaintiffs A.S. Mallaiah, during his lifetime has executed a registered Will on 11.02.2003 bequeathing 30 guntas and 31 guntas of land respectively in item No. 5 in favour of plaintiffs 1 and 2. Accordingly, the defendants 1 and 2 have no right in the said property. Therefore, they prayed for 1/4th share each in the suit schedule properties.