SAYAPURAJU VENKATA RAMA RAJU Vs. SAYAPURAJU SURYANARAYANA RAJU

JUDGEMENT

(1.) THE unsuccessful plaintiff in OS No.25 of 2005 on the file of the Principal Junior Civil Judge, Kothapeta, is the appellant herein.

(2.) THE suit was one filed for partition of the 'A' and 'C schedule properties into three shares, allotment of one such share from each schedule to the plaintiff and plaint 'B' schedule properties into three shares and that allotment of two shares to the plaintiff.

(3.) DEFENDANTS 1 and 2 are children of defendant No.3. The 3rd defendant is second wife of Venkata Raju. After the death of Pullam Raju and Venkata Raju, the 'B' schedule property was taken possession by the defendants and the 'C schedule property was acquired by Venkata Raju from the income of the other properties. Therefore, they are ancestral properties. Venkata Raju died intestate on 12.2.2003 and the defendants took possession of all the properties and managed the same. Though shared the profits for sometime with the plaintiff, subsequently they did not give the share to the plaintiff. It was pleaded that Pullam Raju having died intestate and unmarried his share of property devolved upon Venkata Raju and Subba Raju and they are entitled to half share each and half share of Venkata Raju is again liable for partition among the plaintiff, defendants 1 and 2. Subba Raju is entitled for l/3rd share of the half share of Venkata Raju and the plaintiff being legal heir of Subba Raju is entitled for the same. It was contended by the plaintiff that the plaintiff is entitled for l/3rd share in the 'C schedule property also.