RANGASWAMY Vs. MEENAKSHI

JUDGEMENT

(1.) THE respondents instituted OS No.90 of 1996 for partition of the schedule properties and for separate possession of their share. THE Subordinate Judge, Hindupur passed a preliminary decree in favour of the respondents by his judgment dated 23.9.1997 in OS No.90 of 1996. In the appeal filed by the first defendant therefrom, the Additional District Judge, Hindupur by his judgment and decree dated 7.4.1999 in AS No.80 of 1997 confirmed the preliminary decree passed by the Subordinate Judge, Hindupur. THE first defendant filed the present second appeal challenging the concurrent findings recorded by both the Courts below and the same has been admitted by this Court considering the involvement of following substantial questions of law :

(2.) I have heard Sri O. Manohar Reddy, learned Counsel appearing for the appellant and Sri N. Ranga Reddy, learned Counsel appearing for the respondents.

(3.) IN the course of his written statement, the first defendant contended as follows: