NALAM SARASWATHI Vs. MADETI SATYA RAO

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellants-petitioners-plaintiffs as against the order dated 15-2-2002 passed by the learned Additional District Judge, Vizianagaram in I.A.No. 1266 of 2001 in O.S.No. 13 of 2000.

(2.) The petitioners filed O.S.No. 13 of 2000 on the file of the Additional District Judge, Vizianagaram for the relief of partition of family properties on the ground that all the plaint schedule properties are the self- acquired properties of their father. The first respondent-first defendant is the brother and the second respondent-second defendant is the sister of the petitioners-appellants- plaintiffs and all the parties are the children of one Sanyasayya. It is stated that their mother predeceased their father and the first respondent in collusion with the second respondent have been misappropriating the income from the family properties for the last three years and the first respondent has not been giving any produce to the petitioners in spite of repeated demands. It is also stated that the first respondent has been collecting coconut crop from the coconut garden four times in an year and the total worth of the crop will be about one lakh rupees every year and apart from this, the annual yield on the wet and dry crops will be at about Rs. 12,000/-.

(3.) The first respondent had filed a counter in detail opposing the application. It was specifically stated that the plaint schedule itself is not correct and the coconut thopu of an extent of Ac. 2-40 cents belongs to his wife and further an extent of Ac. 1-60 cents of dry land also belongs to her. It was also stated that the coconut thopu, which is in possession of the first respondent, is aged about 16 or 17 years and hence there is no proper yield and after deduction of expenses the first respondent may be getting to Rs. 10,000/- to Es. 15,000/- per year and because of lack of rains there is no proper income also in the recent years. It was also stated that even from the lands since he is unable to raise any crops due to lack of rains, he has not got any income.