PEDIREDLA APPAYAMMA Vs. KOSTU APPARAO

JUDGEMENT

(1.) In this appeal, the defendant in O.S. No. 278 of 1986 on the file of the I Additional Subordinate Judge, Visakhapatnam, challenges the preliminary decree dated 29-10-1992 passed by the trial Court.

(2.) The respondent/plaintiff filed the suit for partition against the appellant/ defendant. It was the case of the respondent that his father late K. Somulu purchased 78 sq. yards of land through sale deed dated 29-8-1934 in the name of his mother in law by name Chintalamma. He also purchased another extent of 61 sq. yards through sale deed dated 5-7-1949 in the name of his 2nd wife Pydamma, who is the mother of the appellant. In addition to these two items of properties, he got about 200 sq. yards of land in between the said items of properties through oral gift from Bhamidipati people. The substance of the pleadings of the respondent was that 61 sq. yards of land purchased under sale deed dated 5-7-1949 is the exclusive property of Pydamma, the mother of the appellant, the respondent and the appellant are entitled to half share each in 78 sq. yards of land purchased in the name of Chintalamma and the respondent alone is entitled for 200 sq. yards of land which is said to be belonging to late Somulu exclusively. On the basis of these pleadings, he prayed for a decree to the effect that the 3 items of properties be divided in such a way that the appellant is given 100 sq. yards comprising of 61 sq. yards purchased in the name of Pydamma and half of 78 sq. yards purchased in the name of Chintalamma and the remaining property of 239 sq.yards be treated as his share.

(3.) The appellant filed written statement disputing the claim of the respondent. According to her, Pydamma was the 2nd wife of late Somulu, 200 sq. yards of land is part of the two items of properties covered by sale deeds in the name of Chintalamma and Pydamma, the respondent has no exclusive right or claim in respect of 200 sq. yards of land referred to above.