DANDAMUDI VANI Vs. MADALA VENKATESWARA RAO

JUDGEMENT

(1.) This Appeal Suit is directed against the judgment and decree, dtd. 16/11/2018, in Original Suit No.18 of 2014, on the file of the Court of XV Additional District Judge, Nuzvid, Krishna District (for short, 'the learned Additional District Judge') where under the learned Additional District Judge dismissed the Suit for partition filed by the plaintiffs.

(2.) The parties to the Appeal Suit will hereinafter be referred to as described before the trial Court for the sake of convenience.

(3.) The case of the plaintiffs, in brief, according to the averments in plaint in O.S. No.18 of 2014 on the file of the Court of XV Additional District Judge, Nuzvid, Krishna District is that plaintiffs' father by name Madala Venkata Ratnam had landed properties described in the annexed schedule, which are referred as plaint schedule properties. The said Madala Venkata Ratnam was having joint family with his sons and daughters. Plaintiffs are the daughters and their father had three sons namely Madala Venkata Rao, Madala Surya Narayana and Madala Raja Rao. Madala Raja Rao died long back as a Hindu joint family member without marriage and his joint share devolved on the remaining joint family members. While so, Madala Venkata Ratnam died in the year 1983. After his death, Item Nos.1 and 2 of the plaint schedule property are not partitioned and they are in joint possession. The defendants paid mesne profits to the plaintiffs' till 2011. After that they ignored to allot the share and mesne profits.