PEDDU REDDIAR Vs. KOTHANDA REDDI

JUDGEMENT

(1.) THE first defendant is the appellant in the second appeal which arises out of a suit filed by the plaintiff for recovery of possession of items 1 to 7 of the A schedule to the plaint or in the alternative for a partition of the 15 items listed out in the B schedule to the plaint and for an allotment of a half share therein to the plaintiff. Items 1 to 7 of the A schedule are the items 1 to 7 of the B schedule. Items 8 to 15 of the B schedule are other items. The case of the plaintiff is that the 15 items listed out in the B schedule belonged to the brothers Peddu Reddi (first defendant) and Sanjeevi Reddi, that there was a division in status between them under Hindu law in 1939 but there had been no partition by metes and bounds. In 1947, under Ex. A. 2 dated 5-6-1957, Sanjeevi Reddi sold his undivided half share in all the 15 items to one Ellappa Reddi for Rs. 4000. The further case of the plaintiff is that sometime thereafter there was an oral arrangement between Ellappa Reddi, the purchaser and Peddu Reddi by which ellappa Reddi was to take the whole of items 1 to 7 of the A schedule; and that ellappa in pursuance of that oral arrangement into possession of those items. Then under Ex. A. 1 dated 2-8-1949 Ellappa Reddi sold items 1 to 7 of the A schedule to the plaintiff for Rs. 2000, and it is on that footing that the plaintiff filed the suit in 1957 for recovery of possession of those items.

(2.) THE first defendant conceded the half share of Sanjeevi Reddi in all the items in B schedule except items 5 and 7 which he alleged belonged to his wife the second defendant. He denied the partition arrangement between Ellappa and himself and further contended that in any case it would be invalid in law, because according to him a partition between co-owners would have to be evidenced by a registered deed in writing. He also pleaded that in respect of items 8 to 11, ellappa gave up his half share in those items in discharge of a mortgage Ex. A-7 dated 7-4-1944 for Rs. 600 which had been executed by Sanjeevi Reddi in his favour.

(3.) THE second defendant claimed items 5 and 7 and a half share in the well in item 6.