PALAIAH Vs. GADRI PALAIAH

JUDGEMENT

(1.) This is plaintiffs' second appeal challenging the concurrent judgments and decrees passed by the Courts below, whereby suit of the plaintiffs brought for the relief of partition and separate possession has been dismissed.

(2.) Heard the learned counsel for the appellants and Perused the judgments and decrees passed by the Courts below.

(3.) Case of the plaintiffs is, plaintiffs and defendants are the members of Hindu Undivided Family and they are coparceners of the Mitakshara School. The suit schedule properties are ancestral joint family properties of plaintiffs and defendants. Plaintiffs and defendants are the owners in joint possession of the suit schedule properties. The defendants are wasting and misappropriating the income derived from the suit schedule properties. Defendants are not giving any income derived from the suit properties to the plaintiffs. The defendants are trying to exclude the plaintiffs from the possession of joint family properties. The plaintiffs demanded their share in the suit properties on 10.04.2007 and defendants have refused to give their share in the suit properties. Hence, plaintiffs have brought the suit for partition and separate possession their share in the suit schedule properties.