MADALA YATHIRAJULU Vs. MADALA CHINA ANANTHAIAH

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment and decree dt.02.07.1993 in OS.No.76 of 1983 on the file of the Addl. Sub - Ordinate Judge, Ongole.

(2.) THE appellant is the plaintiff in the suit. He filed the present suit seeking partition of plaint A, B and C Schedule properties into four equal shares and for delivery of 1/4th share to him, for enquiry into future profits regarding A Schedule properties, and for costs.

(3.) THE plaintiff alleged that he along with his wife were living in his in -laws house; that all the plaint schedule properties are joint family properties; that even if he was in an illatum arrangement and was staying with his in -laws, he cannot be deprived of his rights in his natural family. He therefore claimed 1/4th share in all the plaint schedule properties. He further contended that 3rd defendant, who was adopted by their maternal grand -father in 1940, continued to live with his brothers as a member of the joint family since his adoptive father died after adoption; that all the properties of the joint family as well as properties which the 3rd defendant got as an adoptive son were mixed up and treated and enjoyed as joint family properties.