MUPPANENI DASARATHA RAMA RAO Vs. MUPPANENI VENKATA RAMAIAH

JUDGEMENT

(1.) The Plaintiff in O.S. No. 18 of 1997 on the file of the Senior Civil Judge, Addanki, is the Appellant. The 2nd Respondent is the brother and Respondents 3 & 4 are his sisters. The deceased-1st Respondent is their father. The suit was filed for the relief of partition and separate possession of the suit schedule properties. He pleaded that the 1st Respondent succeeded to certain items of ancestral properties and with the income derived there from, as well as the efforts made by the other members of joint family, the suit schedule properties were acquired. His elder brother, by name Raghavaiah, died in the year 1991 and the widow of Raghavaiah, by name Vijaya Lakshmi, filed O.S. No. 32 of 1992 for partition of 1/8th share in the suit schedule properties.

(2.) According to the Appellant, the dispute in O.S. No. 32 of 1992 was compromised and Vijaya Lakshmi executed a deed of relinquishment by receiving a sum of Rs. 30,000/-, in lieu of 1/8th share claimed by her and that his mother, who too succeeded to half of the estate of late Raghavaiah, executed a Will, dated 15.09.1994 bequeathing her share in favor of him and his brother, the 2nd Respondent. Stating that Respondents 3 and 4 are insisting on the 1st Respondent to part with the items of suit schedule property exclusively for them, the Appellant claimed the relief of partition.

(3.) The suit was mainly contested by the 1st Respondent. He stated that various items of suit schedule properties are his self-acquisitions and that he did not inherit any property from his parents. He further stated that he was not a party to O.S. No. 32 of 1992 and that it was a collusive exercise between the Appellant and the 2nd Respondent, with the help of Vijaya Lakshmi. While the 2nd Respondent sailed with the Appellant, Respondents 3 and 4 adopted the written statement filed by their father, the 1st Respondent.