MAREMMANAHALLI NARIYAPPA Vs. KADIREMPALLI THIPPAIAH

JUDGEMENT

(1.) THE unsuccessful plaintiffs in O.S. No. 10 of 1982 preferred this appeal against the impugned decree and judgment passed by the Additional Subordinate Judge's Court, Anantapur, dated 31.01.1995. The appellants were the plaintiffs and the respondents were the defendants and they will hereinafter be referred to as plaintiffs and defendants for convenience.

(2.) THE plaintiffs filed suit for partition of schedule property into two shares and allot one such share to them and for rendering true and correct account of income from the plaint "A" and "B" schedule property alleging that Rudrappa and Somalingappa are the sons of Thippaiah who died more than 60 years ago. The property described in the schedule annexed to the plaint is the ancestral undivided Hindu joint family property. Plaintiff No. 1 is the wife of Somalingappa, plaintiff No. 2 is the son -in -law of 1st plaintiff and Somalingappa, and plaintiff Nos. 3 to 5 are the children of the 2nd plaintiff and his wife Rudramma, daughter of the 1st plaintiff and Somalingappa. Consequent on death of Rudramma, plaintiff Nos. 2 to 5 succeeded her estate.

(3.) THE income from the property is more than Rs. 25,000/ - per annum and the Kanuga trees yield more than 2000 head -loads of green manure which is valuable, and the total income per annum would be around Rs. 50,000/ - from the entire property. But the defendants bent upon to cause loss to the plaintiffs and tried to secret the income. Therefore, the plaintiffs thought that it is no more safe to continue as members of the joint family and filed the present suit for the reliefs mentioned above.