GADEPALLI JAYAPRAKASH Vs. GADEPALLI SARASWATI

JUDGEMENT

(1.) These two appeals arise out of the common judgment dated 15.12.2006 passed in OS No.4 of 1999 and OS No.89 of 2001 on the file of III Senior Civil Judge, City Civil Court, Secunderabad.

(2.) The material facts may be briefly stated as follows: Smt. Gadepalli Saraswathi and Gadepalli Shankaraiah are wife and husband. They have four sons and a daughter viz., G. Rama Rao, G. Jaya Prakash, G, Kishore, G. Vasudev and V. Lalitha. G. Shankaraiah and his four sons constituted a partnership firm in the name and style of M/s Karunasri Printers under a deed of partnership dated 14.12.1984. The partnership firm came to be reconstituted from time to time. The latest deed of partnership is dated 5.9.1994, copy of which has been exhibited as Ex.P12. G. Vasudev, the youngest son died in the year 1997. G. Saraswathi purchased a house bearing No.79/SRT, New Municipal No. 1-8-814, situated at Prakash Nagar, Begumpet, Secunderabad under Ex.A1 registered sale deed dated 20.12.1968. G. Shankaraiah purchased land admeasuring 386 square yards in Survey No.15 situated at Chandulal Bowli, Tadbund, Secunderabad under a registered sale deed in the year 1991 and constructed a house therein. Subsequently he disposed of the house constructed by him. While so, G. Saraswathi issued Ex.A2 notice dated 1.4.1998 to G. Jaya Prakash demanding him to vacate the house bearing No.79/ SRT, New Municipal No. 1-8-814, situated at Prakash Nagar, Begumpet, Secunderabad. G. Jaya Prakash issued Ex.A3 reply notice dated 28.4.1998 alleging that the property in his occupation is a joint family property and the said property fell to his share in the oral partition among the members of the joint family. G. Saraswathi filed OS No.4 of 1999 against G. Jaya Prakash for eviction and recovery of possession of the suit schedule house i.e., No.79/SRT, New Municipal No.1-8-814, situated at Prakash Nagar, Begumpet, Secunderabad. According to G. Saraswathi, she permitted her son G. Jaya Prakash defendant to occupy the premises in the month of June, 1997, on a promise to vacate the same by December, 1997. Since G. Jaya Prakash -defendant failed to vacate the said premises despite her demand by way of Ex.A2 notice dated 1.4.1998, she chose to file the suit with the prayer stated supra. G. Jaya Prakash filed OS No.89 of 2001 against G. Shankaraiah, G. Saraswathi, G. Rama Rao, G. Kishore Kumar for partition of the suit schedule properties and dissolution- of the firm M/s Karunasri Printers and rendition of accounts. According to him, the house properties standing in the name of G. Shankaraiah and G. Saraswathi, which are more fully described as schedules I and II in OS No.89 of 2001 are the joint family properties and, therefore, he is entitled to 1/4th share therein. It is also his plea that the partnership firm viz., M/s Karunasri Printers is not yet dissolved and therefore it is required to be dissolved and accounts are to be settled through the process of Court. The reliefs sought for by G. Jaya Prakash as plaintiff in OS No.89 of 2001 are:

(3.) The learned Senior Civil Judge framed the following issues and additional issues in O.S. No.4 of 1999: