K.R.RAMUDU Vs. K.R.NARAYANA RAO

JUDGEMENT

(1.) The legal representatives of the plaintiff in O.S.No.174 of 2005 have come forward with the above Second Appeals challenging the dismissal of their suit for partition.

(2.) According to the plaintiff, the 1st item of the suit properties belonged to Kupputhayammal viz., mother of the plaintiff and the defendant. She died intestate on 01.01.2001. Therefore, the plaintiff and the defendant are each entitled to 1/2 share in the suit properties. Insofar as the 2 nd item of the suit properties are concerned, the plaintiff would claim that the properties belonged to Ramuthayammal, the grandmother of the plaintiff and the defendant and on her death, the property devolved on the plaintiff and the defendant in equal moieties.

(3.) Insofar as the 3rd item of the suit properties are concerned, it is claimed that it originally belonged to one Subbammal, who had mortgaged the property in order to secure a borrowing of Rs.700/- in favour of Pondi Ramasamy Iyer, father of the plaintiff and the defendant on 10.03.1952. Unable to repay the debt, the said Subbammal conveyed the property to the 1st defendant for a sum of Rs.1,000/-. A sum of Rs.825/- due under the mortgage was adjusted towards mortgage deed and the balance of Rs.175/- was paid to Subbammal. Therefore, it is the claim of the plaintiff that the property belonged to Pondi Ramasamy Iyer and on his death he would be entitled to 1/2 share in the suit properties.