B ANANTHAMMA Vs. P BALAVVA

JUDGEMENT

(1.) THIS second appeal is filed by the defendants 1 and 2 in O. S. No. 1145 of 1987 in the Court of Principal district Munsif, Karimnagar. The suit was filed by the 1st respondent against the appellants and respondent No. 2. For the sake of convenience, the parties are referred to as arrayed in the suit.

(2.) THE 1st defendant is the wife of late Mallaiah. The plaintiff and defendants 2 and 3 are their daughters. Mallaiah died in or about the year 1947, by which time the plaintiff was in womb. The marriage of the eldest daughter, the 2nd defendant was performed by late Mallaiah during his lifetime. The marriage of 2nd daughter, i. e. 3rd defendant was performed after his death. The 2nd defendant and her husband were living in the house of the 1st defendant. The marriage of the plaintiff was performed, long after the death of mallaiah. On account of the death of her husband, plaintiff lived for sometime along with her mother, the 1st defendant. However, due to differences, she started living separately. She filed the suit for partition, stating that in spite of repeated demands, her mother and eldest sister refused to accede to her request.

(3.) A common written-statement was filed, on behalf of the defendants 1 and 2, i. e. , the mother and eldest sister of the plaintiff. It was pleaded that the suit schedule property was the self-acquisition of Mallaiah, and that the husband of the 2nd defendant was taken as illatom son-in-law. The husband of the 2nd defendant is said to have performed the marriage of the plaintiff by giving substantial dowry. It was pleaded that on death of Mallaiah, the property held by him, devolved upon defendants 1 and 2.