V KRISHNA MURTHY Vs. VELURU VENKATASUBBIAH

JUDGEMENT

(1.) These two Second Appeals are directed against the common judgment and decree, dated 7-8-2000, passed by the learned III Additional District Judge, Tirupati, in A.S. No.58 of 1998 and A.S. No.126 of 1999, reversing the common judgment and decree, dated 27-3-1998, passed by the learned Senior Civil Judge, Srikalahasti, in O.S. No.3 of 1993 which was filed for partition of 1/4th share of the suit property for plaintiff and the same was dismissed, and O.S.34 of 1994 which was filed by the 2nd defendant on behalf of the 5th defendant/minor (in O.S. No.3 of 1993) for declaration of title and for recovery of possession of the suit schedule property, which was decreed.

(2.) It is a dispute, between son on one hand and father, who died during the pendency of the suit. Plaintiff, 2nd and 3rd defendants are the sons of 1 st defendant, 4th defendant is the wife of 1 st defendant, and 5th defendant is the son of 2nd defendant and grandson of 1 st defendant. 2nd defendant, on behalf of his minor son 5th defendant in O.S. 3 of 1993, as plaintiff filed O.S. No.34 of 1994.

(3.) During the pendency of the suit 1st defendant died and the 4th defendant being the wife and 5th defendant being grandson were impleaded as legal representatives as per orders in I.A.No.283 of 1994.