LALJI RAO Vs. JAYARAMA RAO

JUDGEMENT

(1.) The appellants are the defendants in the suit filed by the respondents.

(2.) The respondents filed a suit for partition and permanent injunction. Though the relief of partition was refused, the permanent injunction was granted. Challenging the refusal of the partition, the respondents filed an appeal before the lower appellate Court. The said appeal was allowed. Hence, the second appeal filed by the defendants.

(3.) According to the plaintiffs, the suit property originally belonged to one Ambaji Rao. He is the brother of one Sami Rao. Ambaji Rao had no issues. His brother Sami Rao also died. So, Ambaji Rao executed a settlement deed dated 7.10.1950 giving life interest to his wife Mothi Bai and after her life time, his brother's son, viz., first plaintiff Jawaharlal Rao and the father of the defendants, Hemaji Rao. As per the settlement deed, both the sons of Sami Rao have to enjoy the suit property equally without any alienation and after their life time, their children have to enjoy the property equally. Ambaji Rao died in 1955 and Moti Bai died on 6.2.1996. After the death of Mothi Bai, as per the settlement deed, first plaintiff Jawaharlal Rao and the defendants, the sons of Hemaji Rao are entitled to 1/2 share each. The second plaintiff is the son of Jawaharlal Rao, the first plaintiff. Though the properties were enjoyed as joint owners, the defendants, the sons of Hemaji Rao did not pay any amount towards the property tax and they also did not spend any money for the maintenance of the properties. Therefore, on behalf of the plaintiffs, a notice was sent seeking for partition on 5.3.1998. There was no response. In the meantime, there was disturbance to the possession of the properties by the plaintiffs. Hence, the suit was filed seeking for partition of 1/2 share and permanent injunction and other consequential reliefs.