VELIVELA VISHNU VARDHANA RAO Vs. VELIVELA DURGA PRASAD

JUDGEMENT

(1.) This is an appeal preferred by the father against his sons, when a decree for partition was granted on a suit filed by them in O.S.No.608 of 1995 on the file of the learned 1st Additional Subordinate Judge, Vijayawada.

(2.) The parties are described as arrayed in the suit for felicity of expression.

(3.) The plaintiffs are the sons of defendant. They constitute undivided Hindu Joint Family. They own the plaint schedule properties, items 1 to 7, various extents of lands and house, situated in various villages, which their father got in partition with his father and brothers. They have been living with their mother as she was driven away by their father. They were never looked after by him. Around Rs.60,000/- to Rs.70,000/- would be the annual income from out of the plaint schedule properties. It was misappropriated by the father without paying any amount to them. Since it is no longer beneficial for them to be joint with their father, they demanded partition of the plaint schedule properties, during October 1995, through mediators, into three shares and to deliver two such shares to them with past profits from 1992-93 onwards. However, the defendant, their father, was postponing the same on one pretext or the other. Therefore, they sought for partition and delivery of their shares, profits and costs.