ALLADI VIJAYA KUMARI Vs. MOTHE JAYAMANI

JUDGEMENT

(1.) THIS Appeal is preferred by the unsuccessful defendants 1 to 4 being aggrieved of the Decree and Judgment made in O. S. No. 119/87 on the file of Subordinate Judge, Rajahmundry which was originally instituted as O. S. No. 45/87 on the file of Vacation Civil Judge-cum-I Additional District Judge, East Godavari, Rajahmundry.

(2.) THE suit was filed for partition of the plaint schedule Items 1 and 2 into two equal shares between plaintiff and defendants 5 to 8 and for possession of the same and for recovery of half of the amount due under Insurance Policy shown as Item No. 3 of the plaint schedule from the 9th defendant, for recovery of the entire amount shown in Item No. 4 of the plaint schedule from defendants 10 and 11 and future profits and also for the other appropriate reliefs.

(3.) ON the strength of the respective pleadings of the parties, the learned Subordinate Judge, Rajahmundry, having settled Issues, recorded the evidence of P. W. 1 to P. W. 5, D. W. 1 to D. W. 4, marked Exs. A-1 to A-12, Exs. B-1 to B-24 and Exs. X-1 to X-4, recorded findings in detail and ultimately decreed the suit granting the preliminary decree for partition of Items 1 and 2 into two equal shares and for allotment of one such share to the plaintiff and defendants 9 to 11 were directed to pay half of the amount shown in Items 3 and 4 of the plaint schedule to the plaintiff and the plaintiff is entitled for future profits or her share in Items 1 and 2 of the plaint schedule from the 1st defendant and defendants 1 to 4 shall pay costs to the plaintiff. The defendants 1 to 4, being aggrieved of the Decree and Judgment had preferred the present Appeal. The 1st respondent/plaintiff filed Cross Objections being aggrieved of the nature of the Decree which had been made in relation to Item No. 4 claiming total benefits.