RAYAPROLU NARAYANA MURTHY Vs. RAYAPROLU RAMAKRISHNA SARMA

JUDGEMENT

(1.) In this Second Appeal, the judgment and decree of the lower appellate Court dated 19-9-1989 in A.S.No.66 of 1983 reversing that of the trial Court dated 26-3-1983 in OS.No.504 of 1980 are in challenge. The plaintiff is the appellant. For the sake of convenience, the parties shall be referred to as arrayed in the suit.

(2.) The plaintiff filed the suit for partition.The plaintiff and defendants 1 to 3 are the sons of late Rayaprolu Chalapathi. It was the case of the plaintiff that the 3rd defendant by name Rayaprolu Rama Krishna Sharma was given in adoption to one Rayaprolu China Krishna Murthy. The joint family comprising of the plaintiff and defendants 1 and 2 owned a house bearing Door No.10-3-48 in Nageshwara Rao Street. Ramaraopet, Kakinada. According to the appellant, the 3rd defendant was not entitled to any share in the partition since he was given in adoption. The 3rd defendant contested the suit. He disputed the alleged adoption and claimed a share in the schedule property along with his other brothers who figured as plaintiff and defendants 1 and 2.

(3.) Necessary issues were framed by thetrial Court. On behalf of the plaintiff, P.Ws.l and 2 were examined and on behalf of the defendants, D.Ws.l and 2 were examined. Documents Exs.A-1 to A-4 were marked by the plaintiff and document Ex.B-1 was marked by the defendants. On appreciation of the oral and documentary evidence, the trial Court decreed the suit and through judgment dated 23-6-1983 passed a preliminary decree directing the suit schedule property to be divided into three shares and the plaintiff and defendants 1 and 2 be allotted one share each.