MAKINENI MADHURI Vs. BOLLU NAGABHUSHANAM

JUDGEMENT

(1.) When the vacate stay petition is taken up for hearing, learned Counsel for the parties requested to dispose of the main appeal itself and argued accordingly.

(2.) The appellant/plaintiff preferred this appeal against the order of dismissal dated 7-12-2004 passed in LA.No.2019 of 2003 in O.S. No.289 of 2003 by the learned Additional Senior Civil Judge, Eluru.

(3.) The appellant/plaintiff filed the above suit for partition of plaint schedule properties into 12 equal shares and allotment of one such share to her, for separate possession of the same and for mesne profits from the date of the suit till the date of delivery. The 1st defendant is her grand father, the 2nd defendant is her Senior Paternal Uncle, 3rd and 9th defendants are her parents, defendants 4 to 6 are her cousins and defendants 7 and 8 are her sisters. It is her case that the 1st defendant, who inherited few acres of land and developed an estate consisting several properties purchased in the name of the co-parceners out of the funds of Joint Hindu Family, sold the land admeasuring Ac.1-13 3/5 cents in Survey No.311/2 and also Ac.4-80 cents in Survey Nos.294/6 and 294/3 at Pidaparru Village, through registered sale deeds dated 7-6-1954 and 29-11-1954 for a valid consideration of Rs.4,500/- and Rs.16,500/- respectively. With the said amount, he purchased items 1 to 4 (agricultural lands) as mentioned in para 8 of the plaint. The said properties are joint family properties. Thereafter, defendants 1 to 3 sold away an extent of agricultural land admeasuring Ac.1-41 cents in Survey Nos.302/A/1 and 302/A/2 and also another extent of land admeasuring Ac.2-47 cents in Survey Nos.299/2, 302/A/1 and 302/A/3 situated at Pidaparru Village, through registered sale deeds dated 19-4-1972. Further, the 1st defendant purchased 540 sq.yards of site with building item No.5 of the Plaint Schedule, in the name of the 3rd defendant, modified the same and let out to the Indian Bank Branch. Gradually, he constructed three floors on he existing building and let out the 1st floor to the Margadarshi Chit Fund Limited and 2nd and 3rd floors to the Assistant Commissioner, Central Excise for office purpose. Apart from the same, he purchased item No.6 in the name of the 2nd defendant, items 7 and 8 in the names of the 3rd and 9th defendants respectively and items 9 and 10 in the name of the 9th defendant, out of the joint family funds through registered sale deeds dated 9-7-1986, 14-10-1987, 25-10-1987, 9-1-1998 and 20-12-1998 respectively. Since items 1 to 10 were purchased and developed out of the funds of the joint family, they are joint family properties. Defendants 1 to 3 got equal shares in the plaint schedule property. While the matter stood thus, defendants 3 and 5 started contract business against the will and consent of the plaintiff and the 1st defendant and they addicted to vices like drinking and gambling. Though defendants 2, 3 and 9 are the members of the joint family, they mortgaged items 5 to 10 of the plaint schedule properties with the 10th defendant bank for raising capital of their business against the wishes of the other joint family members. Therefore, the plaintiff got issued a legal notice on 25-10-2003 to defendants 1 to 9 for partition of the plaint schedule properties and for separate possession. Thereafter, she filed the above suit.