PRATHIPATI JOGAYYAMMA Vs. VOBHILINENI VEERA VENKATA SATYANARAYANA

JUDGEMENT

(1.) The then learned Judge admitted this second appeal in view of substantial questions of law raised in ground Nos.9(a) and (b) of the memorandum. Those substantial questions of law are as follows:

(2.) The plaintiff/appellant and the 3rd defendant/3rd respondent are sisters and the defendants 1 and 2/respondents 1 and 2 are their brothers, all of them being children of late Oblineni Dorayya and Veeramma. The plaintiff filed the suit in the trial Court for partition of the plaint 'A' schedule properties into 4 equal shares and the plaint 'B' schedule properties into 12 equal shares and for allotment of one such share each to her, for possession of the same and for profits, both past as well as future. It is her case that during the life time of Dorayya, there was partition of landed properties among Dorayya and the defendants 1 and 2 and the plaint 'A' schedule properties fell to the share of Dorayya. The plaint 'B' schedule consists of vacant sites. Dorayya died in December, 1970. It is the plaintiff's case that Dorayya left his last Will and testament dated 02.11.1966 bequeathing life estate to his wife Veeramma and vested remainder to the plaintiff. Veeramma died intestate in July, 1972. Since mother died intestate possessed of the plaint 'A' schedule land, all the parties are entitled to 1/4th share each therein.

(3.) The 3rd defendant remained ex parte. It is contention of the defendants 1 and 2 that there was no partition among Dorayya and the defendants 1 and 2 and that Will dated 02.11.1966 is forged and that after death of their father, the defendants 1 and 2 partitioned their family properties in the year 1971 and that house portion and 'B' schedule properties combined together forms part of dwelling house of the defendants 1 and 2 and therefore are not liable for partition at the instance of the plaintiff.