NALAMURU NADIPI SUBBANNA Vs. KATARU CHENNAMMA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the Subordinate Judge, Proddatur in AS 21 of 1988 preferred against the judgment and decree in OS 86 of 1974 on the file of the Principal District Munsif, Proddatur. The appellants is the plaintiff and the respondents herein are the defendants. The appeal is respect of R2 to R6 is dismissed for default through the order dated 22-3-1994.

(2.) The plaintiff filed the suit for partition of the suit schedule property in two equal shares and to put him in possession of one such share. The 1st defendant alienated the suit schedule property to defendants 3 to 6, therefore, they are also impleaded as parties in the suit.

(3.) The plaintiff contended that the 1st defendant, one Giddaluru Naga Munaiah and himself jointly purchased an extent of 22 cents of land out of 66 cents in S.No.431/ B1 of Proddatur town under a registered sale deed dated 4-7-1962 and they are in joint possession of the same. The 2nd defendant who is the son of Giddaluri Nagamunaiah sold his 1/3 share situated on eastern side, after due partition to one P. Musalaiah and one China Narayana under a registered sale deed dated 17-8-1979. The remaining 2/3rd of the land covered by the suit schedule remained joint between the plaintiff and the 1st defendant. They wanted to put up houses jointly, but they could not do so due to domestic problems. The 1st defendant made efforts to sell away the undivided half share of the plaintiff to third parties. Any alienation by the 1st defendant without partition of the plaintiffs share is illegal. Hence the suit for partition and separate possession.