CHEPURI SHAMBAIAH Vs. CHEPURI VYKUNTAM

JUDGEMENT

(1.) THE unsuccessful plaintiff in O.S.No.359 of 1975 on the file of the Subordinate Judge, Nalgonda (hereinafter referred to as 'trial Court' for convenience), preferred this appeal challenging the decree and judgment dated 28 th June, 1996, whereunder the trial Court dismissed the said suit for partition on the ground of limitation.

(2.) FOR convenience, the ranks given to the parties before the trial Court will be adopted through out this judgment.

(3.) (a). The plaintiff (appellant herein) filed the suit for partition of the scheduled property and recovery of possession of his half share and for mesne profits for the past three years, alleging that he is the adopted son of the first defendant (first respondent herein), who died during the pendency of the suit. The plaint schedule property before the settlement operations was situated in Survey No.366/1 and the same has been changed to Survey Nos. 409 and 413/1 after settlement and the said land belongs to the joint family, which consists of the plaintiff and the 1 st defendant. As the 1 st defendant made an attempt to dispose of the joint family property 10 years after the adoption, the plaintiff demanded for partition of the schedule property in the month of November, 1965, but the 1 st defendant did not co -operate. Thereupon, the plaintiff filed O.S.No.108 of 1965 on the file of the District Munsiff Court, Huzurnagar, against the 1 st defendant. In the said suit, the 1 st defendant raised a contention that the plaintiff is not an adopted son and that the intended sale was to discharge the debts contracted due to marriage of his 4 th daughter. During the trial of the said suit, the husband of the 2 nd defendant, who has been examined as DW.3, deposed that his wife had purchased Ac.11.30 guntas of land for consideration of Rs.4,000/ - by registered sale deed dated 30.09.1965 and she has been in possession and enjoyment of the said property.