BASIREDDI PEDDA SUBBANNA Vs. A PRAMEELA

JUDGEMENT

(1.) Defendants 1 and 2 in OS No. 164 of 1989 in the Court of the Senior Civil Judge, Kadapa, are the Appellants.

(2.) For the sake of convenience, the parties are referred to as arrayed in the suit.

(3.) Sri B. Venkatreddi filed the suit OS No. 164 of 1989 for partition and separate possession of the suit schedule properties against the Defendants. The facts pleaded by him, in brief, are: one Sri Subbaiah had five sons, viz., Venkatreddi (Plaintiff), Pedda Subbanna (1st Defendant), Chinna Subbanna, Seshareddi and Bala Subbareddi. Subbaiah died leaving behind him large extent of properties. Being the eldest son, Venkatreddi managed the affairs of the family. When the family was joint, plaint schedule items 1 to 3 were acquired under an agreement of sale dated 5.2.1971 from Defendants 3 to 5 in the name of the 1st Defendant. In the year 1983, a partition was effected wherein two shares were jointly allotted to Venkatreddi and the 1st Defendant, two shares to Chinna Subbanna and Seshareddi and one share to Bala Subbareddi. Plaint schedule items 1 to 3, thereby became the joint properties of the Plaintiff and 1st Defendant.