N MADAN MOHAN Vs. N PRABHAKAR GUPTA

JUDGEMENT

(1.) Heard Mr.Prabhakar Sarma, Counsel representing the appellant/defendant in O.S.No.48/96 on the file of Subordinate Judge, Hindupur and Ms.Thamsha Rani, Counsel representing the plaintiff in the said suit.

(2.) The respondent herein/plaintiff originally filed the suit O.S.No.36/90 on the file of Additional District Judge, Hindupur which was renumbered as O.S.No.48/96 on the file of Subordinate Judge, Hindupur. The suit was filed for partition and separate possession of the 3/4th share of the plaintiff in the suit schedule property. The evidence of P.W.1 to P.W.5 and D.W.1 had been recorded. Exs.A-1 to A-5 and Exs.B-1 and B-2 were marked.

(3.) The dispute is between the brothers. The respective lengthy pleadings of the parties need not be dealt with in elaboration. After settlement of Issues, findings had been recorded by the learned Subordinate Judge and a preliminary decree was passed with costs directing division of the plaint schedule property into four equal shares and to allot 3/4th share to the plaintiff. Submissions at length were made by the Counsel representing the appellant/defendant that he is seriously disputing the validity of Ex.A-1 and except the evidence of P.W.5, the attestor, and also the evidence of P.W.1, there is no other acceptable evidence in this regard. The learned Counsel incidentally would contend that P.W.2 and P.W.3, the other beneficiaries, it is said, had executed sale deeds and hence naturally they would be interested in supporting the version of P.W.1. The learned appreciated by the learned Judge and findings in detail had been recorded.