(1.) The appeal is filed against the judgment and preliminary decree dtd. 11/10/2007 in O.S.No.40 of 1998 passed by the learned IV Additional District Judge, Tirupati, Chittoor District. The suit is filed for partition of plaint-A schedule properties into 6 shares and to allot one such share to the plaintiff with a direction to partition the same with metes and bounds; to declare that the plaintiff and defendants 2 and 4 are the owners of plaint-B schedule property and that the plaintiff is entitled for 1/3rd share in the plaint-B schedule property and to pass a preliminary decree declaring that the plaintiff has got 1/3rd share in the plaint-B schedule property and to allot one such share; to pass a preliminary decree in respect of plaint-C and E schedule properties declaring 1/7th share of the plaintiff as against the defendants 1 to 6 with a direction to partition of the property by metes and bounds; to pass a decree against the defendants for distribution of plaint-D schedule movable properties declaring 1/6th share of the plaintiff with a direction to surrender 1/6th share of the plaintiff in cash or land against the 1st defendant; for mesne profits at the rate of Rs.40,000.00 per annum from the date of filing of the suit till realization and to grant costs of the suit.
(2.) The case of the plaintiff as narrated in the plaint, in brief, is as follows:
(3.) Brief averments in the written statement filed by the 1st defendant are as follows: