GHEETIRALA RAMA MURTHY Vs. GHEETIRALA VENUGOPAL

JUDGEMENT

(1.) The unsuccessful plaintiff is the appellant, whoi filed the appeal against the judgment and decree dated 20-12-1994 passed by the learned Subordinate Judge, Markapur in O.S.No. 93 of 1987. The suit was filed for partition and separate possession of the plaintiff's half share in the plaint A and B schedule properties and for future profits and costs.

(2.) The facts lie in a narrow compass: The plaintiff and the defendant are brothers and members of a Joint Hindu Family. Their father by name Pullaiah died in the year 1969 leaving no ancestral properties. He had four sons. The eldest and the second son got themselves divided and left the family. The plaintiff and the defendant continued as the members of the joint family even subsequent to the death of their father and continued the Coffee powder business. They also started Ice fruit manufacturing business in the year 1980. The Coffee Powder business thrived well and they could make substantial profits out of their business. They acquired thus plaint A and B schedule properties, which are their joint properties. It is the case of the plaintiff that the defendant used to maintain the accounts and manipulate various transactions and vouchers to get over the Income-tax difficulties. He was not only the manager of the family, but had full control over the affairs of the family and used to dictate terms and exercise undue influence over the plaintiff. The plaintiff used to obey the defendant implicitly. By exercising his dominating position, the defendant even obtained the signatures of the plaintiff on some vouchers on the ground of income-tax difficulty. Since the atttude of the defendant caused much inconvenience to the plaintiff, he wanted to divide from the defendant and requested him to separate his half share in the plaint A and B schedule properties. As the defendant grew wild and refused, the plaintiff ultimately filed the suit.

(3.) The defendant resisted the suit by filing his written statement mentioning inter alia that the plaintiff and the defendant divided the properties both immovable and movable in the year 1986-87 and since then they have been living separately. All the properties mentioned in the plaint B schedule belong to the defendant and the plaintiff has no share or interest therein.