CHALLA CHINNA SUBBA REDDY Vs. CHALLA PEDDA MUNAIAH

JUDGEMENT

(1.) This second appeal is filed by the defendant in O.S. No.77 of 1992, on the file of the Subordinate Judge, Proddatur, which was subsequently transferred to the Court of Principal Junior Civil Judge, Proddatur, and renumbered as OS No.5 of 1999.

(2.) The 1st respondent herein filed the suit against his two brothers, Appellants 1 and 2, for the relief of declaration of title and perpetual injunction, in respect of the suit schedule property. He pleaded that the properties of joint family, comprising of three brothers, was partitioned about 40 years prior to the filing of the suit, and that each of them was enjoying the lands which fell to their shares. He stated that after the partition, he purchased the suit schedule properties with his own funds, and that his brothers started interfering with the possession. Alleging that he was dispossessed from the suit schedule properties, during the pendency of the suit, he amended the plaint and claimed the relief of recovery of possession.

(3.) Respondents 1 and 2 filed written statement, pleading that the partition, which has taken place 40 years prior to the filing of the suit, was the one, between the three brothers on the one hand, and one Mr. Challa Pedda Stibba Reddy, on the other. It is stated that themselves and the 1st respondent remained joint till 1964. According to them, Item No.1 of the suit schedule property was purchased with the joint family funds, and in the partition that took place in the year 1964, the 1st respondent relinquished the rights over the said land by receiving a cash of Rs.20,000/-. Reference was made to an agreement, dated 31-3-1978, said to have been executed, in that connection. As regards the other items, it was pleaded that even while the family was joint, they were sold in favour of Akula Bala Ramaiah and Akula Laxmaiah of Gaddamvaripalli Village, and about 15 years thereafter, the said purchasers have sold them in favour of Respondents 1 and 2, after partition.