DASIREDDIGARI PEDDIREDDI Vs. CHENNAMAMA

JUDGEMENT

(1.) The short question that arises for consideration in this Second Appeal is whether the suit is barred under the provisions of Order 2 Rule 2 CPC.

(2.) The first defendant is the appellant. The suit is filed for partition of suit property into two shares and for possession of one such share to the plaintiff.

(3.) It is alleged in the plaint that the suit property was purchased by Krishna 'Reddy, husband of the plaintiff in the year 1943; that subsequently Krishna Reddy executed Ex. A 1 gift deed dated 7-12-57 in favour of his father in-law by name Narayanappa; that Narayaaappa executed Ex. B 2 gift deed dt. 22-5-67 in favour of his brother's children, namely the first defendant and the husband of the second defendant conveying joint half share In all his properties; that he died within two months thereafter; that the plaintiff filed O S No. 10/70 on the file of the District Munsif's Court, Penukonda for partition- of plaint A to C schedule properties and that the plaintiff is entitled for a share in the suit properties