K. JHANAI LAXHMI BAI Vs. B, VISWESWARA RAO

JUDGEMENT

(1.) The appeal is filed against the judgment and decree dtd. 24/10/2002 passed by the learned Senior Civil Judge, Gudivada, Krishna District, in O.S.No.19 of 1994. The suit is filed for recovery of an amount of Rs.61,150.00.

(2.) Brief averments in the plaint filed by the plaintiff are as follows:

(3.) The case of the defendants, as per the written statement filed by them, is that in the presence of elders, all the properties of late Sambasiva Rao were divided by metes and bounds in the first week of January, 1991 and in the said partition, the plaint schedule property fell to the share of Karempudi Suneetha i.e. 3rd defendant and since then, the defendants 2 and 3 and late Sambasiva Rao have been in separate possession and enjoyment of the plaint schedule property. They further pleaded that subsequently, a regular partition deed was executed on 11/9/1991 and registered the same and later Sambasiva Rao died on 13/5/1992 and they further pleaded that the suit mortgage deed is not supported by consideration.