B.NARSA REDDY Vs. RAMULU

JUDGEMENT

(1.) DEFENDANT No.2 and the legal representatives of defendant No.3 in O.S.No.128 of 1982 on the file of the District Judge, Adilabad are the appellants. Respondents 1 to 3 -plaintiffs filed the suit against their father, respondent No.4 (defendant No.1), and the appellants for the relief of partition and separate possession of plaint 'A' schedule, an extent of Acs.7.00 of Sonala Village, Adilabad District and immovable properties in schedule 'B'. For the sake of convenience, the parties are referred to as arrayed in the suit.

(2.) THE plaintiffs, being minors, were represented by their mother. It was pleaded in the plaint that the joint family, comprising of the plaintiffs and their father, defendant No.1, owned the suit schedule properties and that the same are liable to be partitioned. It was pleaded that defendant No.1 was addicted to vices of alcoholism, gambling etc., and sold plaint 'A' schedule property to defendant Nos.2 and 3, to meet the expenditure incurred for such vices. They also pleaded that the sale is not binding on them, since it was not for any genuine family necessity and that defendant Nos.2 and 3 have taken advantage of the weakness of defendant No.1 and have knocked away the valuable property. Defendant No.1 filed a written statement admitting the contents of the plaint. He stated that he was addicted to the vices and to meet the expenditure for that, he sold the land. He stated that a preliminary decree, as prayed for, may be passed.

(3.) THE trial Court decreed the suit through its judgment, dated 25.03.1985. Aggrieved by that, defendant Nos.2 and 3 filed A.S.No.1894 of 1985. A learned Single Judge of this Court dismissed the appeal through judgment, dated 26.08.1999. Hence, this Letters Patent Appeal.