MANTRI RAJAIAH Vs. M BHOLA SHANKAR

JUDGEMENT

(1.) These two appeals arise out of the judgment and decree in O.S. No.1877 of 1988 on the file of the III Additional Judge, City Civil Court, Secunderabad. For the sake of convenience the parties are referred to as arrayed in the suit.

(2.) The plaintiffs filed the suit for partition. The father of the plaintiffs by name Pentaiah and defendants 1 to 3 are the 4 sons of one Mr. Pochaiah. According to the plaintiffs, the joint family comprising of Pochaiah and his sons acquired 3 items of immovable properties namely two residential houses situated at Gollaguda and Kalasiguda (Item Nos.l and 2) and an open site of 600 yds., at Srinivasanagar Colony (Item No.3) and therefore, the plaintiffs jointly have l/4th share in each of these 3 items.

(3.) The 1st defendant filed a written statement claiming that items 1 and 2 are his self-acquired properties. According to him Item No.l was purchased by him in the name of his mother Gunnamma. He has also stated that he paid the consideration for Item No.2 but out of love and affection he got the sale deed executed in the names of all the 4 brothers including himself. He stated that he has been enjoying Item Nos.l and 2 of the suit schedule property as his own, made reconstruction of the houses and the said items are not available for partition. He further stated that he has incurred an expenditure of about Rs.1,00,000.00 for the litigation to protect the property in Item No.3. He stated that he has no objection for partitioning of the said property viz., item No.3 provided the plaintiffs contribute their share of expenditure towards litigation.