RASALA SURYA PRAKASARAO Vs. RASALA VENKATESWARARAO

JUDGEMENT

(1.) This second appeal has been referred to a division Bench as per order dated 26-7-1988 passed by our learned brother Justice G. Ramanujulu Naidu. The order of reference reads as follows :

(2.) Before we deal with the legal questions that arise for consideration in the second appeal, it would be just and proper to set out, in brief, the facts leading to the present second appeal.

(3.) The plaintiffs, the appellants in the second appeal filed a suit O. S. No. 105 of 1981 on the file of the Subordinate Judge, Kothagudem for partition of the plaint schedule properties into six equal shares and allotment of one such share each to plaintiffs 1 and 2, defendants 1 to 3, and to allot the remaining 1/6th share equally among the plaintiffs and the four defendants. The plaintiffs claim that third plaintiff Rosamma and the fourth defendant Boosamma are the two wives of late Rasala Ramaiah and that Ramaiah married third plaintiff in 1951 and that the plaintiffs are the legitimate sons of Ramaiah born to third plaintiff. They claim that the marriage of their mother took place in 1951 at Bhadrachalam. D.1 to D.3 are the children of Ramaiah through D.4. They claim that as they are all members of a Hindu joint family, plaintiffs 1 and 2 are entitled to seek partition and they are entitled to equal share along with the defendants 1 and 2. it is claimed that plaintiffs are each entitled to a one-sixth share plus 1 /42nd share whereas the third plaintiff and fourth defendant, the widows of Ramaiah, are entitled to 1/42 nd share each. As defendants did not effect a partition in spite of demands, a registered notice was issued and then the suit for partition was filed.