B SRIRAMULU Vs. CH PRABHAKARA RAO

JUDGEMENT

(1.) This appeal is brought by the first defendant against the decree and judgment in O.S.No. 61 of 1976. The first respondent being minor, represented by his maternal uncle Chunduri Venkaiah filed the suit for partition and separate possession of half share in the plaint schedule property and also for declaration that he is entitled to recover possession of the other half after the life time of his mother, the second defendant together with future profits.

(2.) One Chadalavada Venkata Ramanjaneyulu, a Medical Practitioner at Ongole purchased vacant site at Ongole in the year 1958 and 1961 and constructed a terraced house thereon which is the plaint schedule property. He executed a settlement deed dated 28-5-1966 giving a half share in the said house to his son the plaintiff with absolute rights and the other half to his wife, the second respondent for life and the vested remainder to the plaintiff. Anjaneyulu died on 8-6-1968. The second respondent, his widow was managing the property of the minor plaintiff. After the death of Anjaneyulu some of his creditors obtained decrees against his estate. As the Co-operative Building Society brought pressure upon the second respondent, she sold the said property for a low price of Rs. 15,000/- while it8 value at that time was Rs. 50,000/-. As the second respondent neglected the plaintiff, his maternal uncle took him under his care and protection. As the sale of the minor's property by the second respondent is illegal, this suit is filed.

(3.) The plaintiff examined three witnesses and marked Exs. A-1 to A-3; while the respondent (defendant) Nos.1 and 3 examined 8 witnesses including themselves as D.Ws.l and 8 respectively, apart from marking Exs.B-1 to B-90. The trial Court decreed the suit in the following terms:-