YEDLA JOGULAMMA ALIAS JYOTHI Vs. CHUKKAKULA KONDAMMA

JUDGEMENT

(1.) THE plaintiff in O.S.No.520 of 1990 on the file of the II Additional Senior Civil Judge, Visakhapatnam is the appellant herein. THE suit was one filed for partition of the schedule property into two equal shares and for allotment of one such share to the plaintiff and also for recovery of a sum of Rs.72,000/- from the defendants 1 to 3 towards past profits.

(2.) THE allegations in the plaint go to show that the plaintiff and 1st defendant are the daughters of late Midathada Jogi Naidu, the husband of the 2nd defendant. THE 3rd defendant is the son of the 1st defendant. THE other defendants are the tenants in the schedule property. THE case of the plaintiff is that the schedule property was purchased jointly by the plaintiff and 1st defendant on 27.05.1957 for a sum of Rs.4,264/- and subsequently a house was constructed and the plaintiff is residing with her husband in the northern portion in the ground floor of the upstair building and in the portion next to her in the ground floor. THE 2nd defendant was allowed to collect the rents and 3rd defendant started management of the same after he was grown up. THE plaintiff raised the dispute with regard to her share but the defendants did not give and plaintiff got issued a legal notice to defendants 4 to 15 calling upon to pay her due share of the rents. THE 2nd defendant started claiming that she is the owner of the property. Hence, the suit.

(3.) THE 1st defendant also filed a written statement reiterating the contentions of the 2nd defendant. THE 3rd defendant is not a necessary party to suit. THE 3rd defendant filed a written statement disowning any interest in the property or the litigation. THE 4th defendant filed a written statement contending that he was a tenant and paying rent of Rs.1,000/- per month. After the filing of the suit, the 2nd defendant died and the plaintiff and defendant No.1 are recognized as the legal heirs of 2nd defendant.