GEDDEAM DAMAYANTI Vs. GEDDAM AKKAMMA

JUDGEMENT

(1.) On 8.12.1998, this court made the following order:

(2.) The substantial questions of law raised in (a) and (b) of Ground No.7 are as hereunder:

(3.) Sri M.N. Narasimha Reddy, the learned counsel representing the appellants, would maintain that though the relationship is not in serious controversy and though several facts are not in serious controversy, the only principal ground on which the relief of partition had been negatived, is that the civil death of Nallayya had not been established. The learned counsel also had explained the scope and ambit of Sections 107 and 108 of the Indian Evidence Act, 1872 (for short 'the Evidence Act') and also would further maintain that the original suit, initially was instituted as O.S.No.387/80, on the file of Principal District Munsif, Amalapuram, which was re-numbered as O.S.No.82/83, on the file of the Principal District Munsif, Mummidivaram, and the long lapse of time from the date of the institution of the suit to this day, also may have to be taken into consideration. The learned counsel also would maintain that it is not the case of the other side that the whereabouts of the said Nallayya had been heard of, at any point of time, by any of the members of the family or at least the general public and when that being so, negating the relief of partition cannot be sustained. Even otherwise, the second appellant herein is the daughter of said Nallayya and in any view of the matter, instead of making an order of remand, it would be just and proper to decree the suit for partition, as prayed for. The counsel also pointed out that even on the aspect of partial partition, the stand taken by the contesting defendants cannot be sustained.