YERABATI RAVINDER Vs. VADDIRAJU RAMBAI

JUDGEMENT

(1.) THE plaintiff is the appellant in this second appeal. He filed OS No. 151 of 1997 in the Court of the I-Additional senior Civil Judge, Warangal seeking partition of the suit schedule properties and for allotment of l/6th share. The suit was dismissed by judgment dated 18. 1. 2005. The appeal preferred by the plaintiff being AS no. 18 of 2005 on the file of the Court of the IV-Additional District Judge, Warangal was also dismissed by judgment dated 4. 12. 2006. Hence, this second appeal.

(2.) THE facts, in brief, are as under : the plaintiff and the defendants are the children of late Yerabati Venkata Ranga rao and Lakshmi Narsu Bai. During her lifetime Smt. Lakshmi Narsu Bai purchased the suit land, measuring 300 Sq. yards, situated in Nakkalagutta, Hanamkonda along with a small tiled house. She died intestate on 3. 9. 1966 and her husband died in the year 1970. Thereafter, the plaintiff demanded for partition of suit schedule property and to give him his l/6th share. However, the defendants did not respond. Hence, the suit.

(3.) THE defendants 2, 3 and 5 remained ex parte and the suit against defendant no. 4 was dismissed for the failure of the plaintiff to take steps for service of summons. Thus, the suit was contested by the 1st defendant alone. In her written statement, the 1st defendant pleaded that after the death of their mother Lakshmi narsu Bai, there was an oral family settlement in which the suit property was allotted to the defendants 1, 4 and 5 jointly who are the daughters as per the last wish of their mother. Thus, it was contended that the plaintiff has no right or interest in the said property. It was further pleaded that since the suit plot was not convenient for partition, the defendants 4 and 5 agreed to receive Rs. 5,000/- each and give up their joint interest in the suit plot in favour of the 1st defendant. The defendants 4 and 5 were paid the amount on 13. 1. 1975 and 17. 12. 1976 respectively and accordingly the 1st defendant continued in exclusive possession and enjoyment of the suit property with absolute rights.