G V DEENA DAYAL Vs. A BHAGIRATHI

JUDGEMENT

(1.) The 1st defendant in O.S. No. 67 of 2003 on the file of the learned I Additional Chief Judge, City Civil Court, Secunderabad, is the appellant. He feels aggrieved by the judgment and preliminary decree, dated 30.10.2006 passed by the trial Court. For the sake of convenience, the parties are referred to as arrayed in the suit.

(2.) The plaintiff, by name Saraswathi, the mother of 3rd defendant by name Sulochana and the 1st defendant are the children of one late G.V. Varada Rajulu. In addition to the persons referred to above, Varadarajulu had a son by name Bhaskarulu. A plot admeasuring 2472 square yards at Walker Town (Padmarao Nagar), Secunderabad was purchased in the name of the 1st defendant and Bhaskarulu through a sale deed, dated 22.09.1955. Bhaskarulu died unmarried in the year 1967 due to ill-health. The plaintiff filed a suit claiming one-fourth share in the estate of her deceased-brother Bhaskarulu. She pleaded that the 1st defendant who was managing the entire property did not accede to her request to partition the same.

(3.) The suit was mainly contested by the 1st defendant. He did not dispute the relationship of the parties or the fact that an extent of 2472 square yards was purchased in the names of himself and his brother Bhaskarulu. He however pleaded that the plaintiff was given gold and silver ornaments of their mother, in lieu of her share in the estate of Bhaskarulu. It was also pleaded that Sulochana died four days after the 3rd defendant was born and she has been brought up by him, and that he performed her marriage and in that view of the matter, she is not entitled to any share. The entitlement of the 2nd defendant was also denied.