YADLA VENKATA SUBBAMMA Vs. YADLA PUNNAMMA

JUDGEMENT

(1.) The respondents filed O.S. No. 61 of 2003 in the Court of Principal Junior Civil Judge, Ongole against the appellants for the relief of partition and separate possession of the suit schedule property viz., an extent of Ac.0.66 cents of land in Survey No. 212/1 of Pernamitta Village. It was pleaded that the property was held by one Sri Yadla Venkata Subba Reddy and he got the same along with other items of properties in partition between himself and his two brothers by name Rangaiah and Venkata Ratnam. The 1st respondent is the wife and respondents 2 and 3 are the daughters of Venkata Ratnam, whereas the first appellant is the daughter-in-law and the second appellant is the grand daughter of Rangaiah. Appellants 3 to 6 are said to be the purchasers of parts of the suit schedule property from appellants 1 and 2.

(2.) It was pleaded that Venkata Subba Reddy died issueless, possessed of the suit schedule property. According to the respondents, the property was being enjoyed in joint by themselves and appellants 1 and 2 and that since they came to know that the property was being sold by appellants 1 and 2, the suit was filed for partition.

(3.) On behalf of appellants 1 and 2, a written statement was filed. They admitted the relationship of the parties as pleaded in the plaint. It was however stated that Venkata Subba Reddy executed a Will, dated 11.07.1988 (Ex.B. 14) bequeathing various items of properties in favour of themselves, representing the branch of Rangaiah, on the one hand and the respondents, representing the branch of Venkata Ratnam, on the other hand. The suit schedule property is said to have been bequeathed to them exclusively. They have also stated that ever since then, they are exercising the rights of ownership vis--vis the property and that their names were also entered in the revenue records. Instances of sale of parts of the property were also pleaded. The 5th respondent also filed a written statement on the same lines.