K MANIKYAM Vs. K RAMAKRISHNA

JUDGEMENT

(1.) The appellant herein was the original defendant No. 2 in O.S, No. 27 of 1981 which was pending on the file of the Subordinate Judge, Peddapuram, East Godavari District. The plaintiffs-respondents 1 and 2 herein had instituted the aforesaid suit with a prayer to set aside the partition deed, which is alleged to have been executed by defendants 1 and 2 allotting unequitable shares to the plaintiffs. It was alleged by the plaintiffs that the said partition deed dated 27-5-1977 is unconscionable.

(2.) On presentation of the suit, summons were issued to the defendants. On appearance, they filed their written statements. The learned Subordinate Judge allowed both the parties to lead evidence. On hearing both sides, the learned Judge found that the partition deed dated 27-5-1977 was unequal and inequitable and therefore directed that the partition be re-opened. The learned Judge further directed that on re-opening the partition, the 2nd defendant is entitled to 1/4th share. The plaintiffs and the first defendant are entitled to 1/3rd share each in the remaining 1/4th share of the plaint B and C schedule properties in the plaint.

(3.) Aggrieved by the aforesaid judgment and decree of the Court below, the original 2nd defendant has preferred this appeal.