E SIVA Vs. E NEELAPPA CHOWDARY

JUDGEMENT

(1.) SECOND Appeal arises out of judgment in A. S. No. 40 of 2001 reversing judgment of the trial Court in O. S. No. 551 of 1991 and thereby passing a preliminary decree for partition. Unsuccessful second defendant is the appellant. For convenience, parties are referred to in their original rank in the suit.

(2.) ELLAPPA Chowdary was the only son of Vannappa Chowdary. Plaintiff, defendants 1 to 3, 5 and 6 are sons and daughters of Ellappa Chowdary. After life time of Vannappa Chowdary, Ellappa Chowdary inherited suit 'a' and 'b' schedule properties from his father.

(3.) CASE of plaintiff is that properties set out in schedule 'a', 'b' and 'd' properties mentioned in the plaint belonged to their grand father Vannappa Chowdary, who died intestate and all properties devolved upon his only son Ellappa Chowdary. Further case of plaintiff is that during life time of their father Ellappa Chowdary, after meeting expenses of family, he was having surplus income from 'a' and 'b' schedule properties. Out of the amount saved, their father Ellappa Chowdary purchased 'c' schedule property and 'c' schedule property becomes joint Hindu Family Property and the plaintiff is entitled for his share in plaint 'a', 'c' and 'd' schedule properties. To that effect, plaintiff had also issued a legal notice Ex. A4 (18. 7. 1979) demanding partition and father Ellappa Chowdary sent a reply Ex. A7 (25. 07. 1979) alleging that ancestral properties were sold to third parties for discharging debts. Hence plaintiff filed suit in O. S. No. 551 of 1991 for partition.