N KRISHNA REDDY Vs. N SHARADABAI

JUDGEMENT

(1.) In this appeal, defendants 2 to 7 in O.S.No. 471 of 1983 on the file of the 1st Additional Judge, City Civil Courts, Hyderabad, challenge the judgment and decree passed therein. For the sake of convenience, parties are referred to as arrayed in the suit.

(2.) The plaintiffs (respondents 1 to 3 herein) filed the suit for partition. The plaintiffs are the daughters and defendant No.1 is the son of late F. Surender Rao, F. Shamsunder Rao, F. Surender Rao and F. Seetaram Rao were the three sons of late Raja Bahadur F. Giri Rao. Late Sri Giri Rao was a former Judge of the High Court of Hyderabad and he acquired several items of properties in the district of Raichur and in the city of Hyderabad. He died on 31-5-1936. His eldest son Shamsunder Rao predeceased him and was survived by his two sons by name Manohar Rao and Gopal Rao. Through a registered partition deed dated 21st Shehrevar 1356 Fasli, which comes to near about 1946, partition was effected among Surender Rao, Seetarama Rao and sons of Shyam Sunder Rao.

(3.) In the above said partition, the suit schedule properties as well as about 240 acres of agricultural land in Raichur District fell to the share of Surender Rao. He was managing and administering the properties on behalf of the joint family comprising of himself and his children. He sold agricultural lands during his lifetime and only the suit schedule properties remained by the time he died on 25-8-1964. After the death of Surender Rao, the plaintiffs have been demanding the 1st defendant for effecting partition and separate possession of their shares in the suit schedule properties. Without acceding to the request of the plaintiffs, the 1st defendant had executed a sale deed dated 27-4-1979 in favour of defendants 2 to 7. Hence, the plaintiffs filed the suit for partition.