JAHANGIRJI (DIED) Vs. K KUMAR

JUDGEMENT

(1.) THESE two second appeals are directed against the common judgment in A.S.Nos.80 of 1998 and 83 of 2001 on the file of III Additional District Judge, Ranga Reddy District dated 29-11-2003 and hence, they are heard and decided together.

(2.) THE parties are referred to herein as they are arrayed before the trial Court.

(3.) THE plaintiff filed the suit for partition of the plaint schedule properties items 1 to 8 and allotment of 1/7th share to him and to restrain the defendants and any others claiming through them from alienating or making any constructions in the plaint schedule properties. The plaintiff, who is the son of defendants 1 and 7 and brother of defendants 2 to 6, claimed that they constituted a joint Hindu family of which the 1st defendant was the Kartha. He claimed the suit schedule properties to have been purchased in the name of the 1st defendant with the earnings of the entire family including the joint exertions of the plaintiff and others. The entire family was enjoying the properties and when the 1st defendant became bed ridden due to paralysis, he started neglecting the plaintiff and showing more affection towards defendants 2 to 6. On learning that the 1st defendant was trying to transfer some properties to defendants 2 to 6 and sell other properties to third parties, the plaintiff made demands for partition, but in vain. Hence, the suit.