BONI APPAMMA Vs. BONI SATYA RAO

JUDGEMENT

(1.) Appellants are the defendants in O.S. No.494 of 1987 on the file of the learned Principal District Munsif, Vizianagaram. The respondent filed the suit, for the relief of partition of plaint 'A' and 'B' schedule properties into two equal shares and for allotment of one share to him. He has also prayed for a direction for ascertainment of the mesne profits.

(2.) The relevant facts may be briefly stated as under :

(3.) The respondent pleaded that there was a partition of the joint family properties among four brothers and the shares of his father Yerru Naidu and that of Boni Satyam were kept in joint. It was alleged that in view of the fact that Yerru Naidu was residing at Dharmavaram, the joint properties of himself and Satyam were entrusted to the latter for management. He pleaded that during his lifetime, Satyam used to give half share of the procedure, to Yerrunaidu, by cultivating the entire land, and after death of Satyam, the first appellant managed the properties and used to pay the said amounts. Complaining that the first appellant has stopped payment of the amounts, and did not agree for partition, he filed the suit for the relief, referred to above.