MANDALA YADAGIRI Vs. MANDALA MADHAVA RAO

JUDGEMENT

(1.) These two Letters Patent Appeals are filed against the judgment and decree, dated 31.03.2001, in C.C.C.A.No.2 of 1988 on the file of this Court. The said appeal, in turn, arose out of a preliminary decree, dated 06.07.1987, passed by the Court of Additional Chief Judge, City Civil Court, Secunderabad, in O.S.No.457 of 1983. While L.P.A.No.302 of 2001 is filed by the plaintiff in that suit, L.P.A.No.322 of 2001 is filed by the defendants 2 to 4. For the sake of convenience, the parties are referred to, as arrayed in the suit.

(2.) The sole plaintiff, the 1st defendant and one Mandala Narasimha, the husband of the 2nd defendant and father of the defendants 3 and 4, are brothers. They are the sons of late Mandala Papayya and Venkatamma. The couple had five daughters (not parties to the suit). Papayya had a son, Pentayya, and a daughter, Bala Narasamma, through his first wife Lakshmakka.

(3.) The plaintiff pleaded that his father had three brothers and substantial properties were allotted to his share in the partition with his brothers. Papayya is said to have died on 01.11.1952. The plaintiff pleaded that after the death of Papayya, the properties left by him were partitioned between Pentayya, the son of Papayya through his first wife on the one hand, and Venkatamma on the other, took place under a registered partition deed, dated 29.09.1953 (Ex.A.1) and all the children of Papayya through Venkatamma remained joint. It was mentioned that Narasimha died in the year 1978, leaving behind him, his wife, the 2nd defendant, and son and daughter, the defendants 3 and 4 respectively. He alleged that inspite of repeated demands, the 1st defendant did not agree for partition, and that the 1st defendant is enjoying the properties to the exclusion of other members of the joint family.