JINGULAIAH SUBRAMANYAM NAIDU Vs. JINGULAIAH VENKATESULU NAIDU

JUDGEMENT

(1.) The appellant filed O.S. No.60 of 1985 in the Court of the Additional Senior Civil Judge, Chittoor, against the respondents for the relief of partition and separate possession of the suit schedule properties. It was pleaded that the 1st respondent Jingulaiah Venkatesulu Naidu, was acting as Karta of Joint Family and taking advantage of his position, he purchased various items of lands in the name of his wife and the wives of his brothers. The appellant stated that inspite of repeated requests, the respondents did not divide the suit schedule property. The suit was resisted by the respondents by stating inter alia, that once the properties are in the names of persons, other than the coparceners, no relief of partition can be granted. The trial Court dismissed the suit through judgment, dated 08-02-1996. Aggrieved by that, the appellant filed A.S. No.147 of 1996 in the Court of the I Additional District Judge, Chittoor. The appeal was dismissed on 29-02-2012. Hence, this Second Appeal.

(2.) Heard Sri Rama Mohan Mahadeva, learned counsel for the appellant.

(3.) The petitioner sought partition of the suit schedule properties by stating that the family is still joint. It was also stated that the suit schedule properties, though purchased with the funds of the family by the 1st respondent, the documents were registered in favour of the wife of the 1st respondent and certain other womenfolk. The suit was opposed by the respondents. One of the objections raised by them is that the suit is bad for non-joinder of necessary parties. The trial Court framed the following issues for its consideration: