BASHYAM ANJAMMA Vs. NARRA SATYANARAYANA

JUDGEMENT

(1.) DEFENDANT Nos.2 and 4 in O.S.No.287 of 1983 on the file of the Court of Senior Civil Judge, Narsaraopet, are the appellants herein.

(2.) THE suit was filed for partition of the schedule property and future profits.

(3.) THE 1st defendant has filed a written statement contending that the allegation that Narra Pitchaiah was a man of unsound mind and the husband of the 2nd defendant gained control is not correct. On 19.05.1957 late Narra Pitchaiah executed a family settlement deed conveying the Ac.12.33 cents in Item No.1 of A schedule to the 2nd defendant, Ac.4.00 cents which is a part of Item No.4 to the 3rd defendant, Ac.4.00 cents in part of Item No.2 to the 4th defendant and similar extent in Item No.3 in favour of the 5th defendant. A declaration was also given by the 1st defendant under Land Ceiling Act. The lower Tribunal did not accept the above transfers and in C.R.P.No.390 of 1979 the High Court has allowed the appeal upholding the gift in favour of D2 to D5 by their father and excluded the said extents. Therefore, the plaintiff is not entitled to include those properties in the suit schedule. The plaintiff is not entitled to future profits or possession.