LAWS(APH)-2010-3-10

VANGALA LAXMAMMA SANJEEVA REDDY Vs. PASHAM NARSI REDDY

Decided On March 17, 2010
VANGALA LAXMAMMA SANJEEVA REDDY Appellant
V/S
PASHAM NARSI RAMCHANDRA REDDY Respondents

JUDGEMENT

(1.) This revision is directed against the order dated 27-8-2009 passed in O.S. No. 89 of 2007 on the file of the Senior Civil Judge, Nalgonda, whereby and whereunder, the learned Senior Civil Judge overruled the objection with regard to admissibility of the document dated 21-05-1990 and marked the same as Ex.B-1.

(2.) The petitioner herein is the plaintiff and whereas the respondents herein are the defendants in O.S. No. 89 of 2007 on the file of the Senior Civil Judge at Nalgonda. The plaintiff filed the suit for partition and separate possession of her share in the suit schedule property. The reliefs sought for in the suit read as hereunder:

(3.) It is the case of the plaintiff that the defendant No. 1 is her junior paternal uncle and defendants 2 and 3 are daughter and wife respectively of another junior paternal uncle, by name Pasham Shiva Reddy. The suit schedule property is an ancestral property and therefore, she is entitled to 1/3rd share. It is further averred in the plaint that the plaintiff along with defendants is in joint possession and enjoyment of the suit schedule property and the plaintiff has been receiving agricultural produce towards her share towards the suit schedule property from defendant No. 1 till recent past. Paragraph 5 of the plaint needs to be noted and it is thus: