SIVARAMA KRISHNA K V Vs. K SEETA MAHALAKSHMI

JUDGEMENT

(1.) A.S.1361/85 is filed by the plaintiff, A.S.1677/85 by defendants 1, 2 and 3 and A.S.1678/85 by defendants 4 to 9.

(2.) All the appeals arise out of the same judgment in O.S.No.33 of 1984 on the file of the Subordinate Judge, Tadepalligudem, and they are, therefore, taken up for disposal by a common order.

(3.) The suit was for partition of the plaint schedule properly into fifty shares by metes and bounds and for allotment of ll/50th share to the plaintiff and for mesne profits. The suit was decreed against defendants 1 to 9 and dismissed as against defendant-10, each party to bear its own costs. A preliminary decree was passed for partition of the plaint schedule items 3 to 16 into fifty shares by metes and bounds and allotment of 11 /50th share to the plaintiff. The relief for mesne profits was rejected. The plaintiff and defendants 1 to 9 were held to be entitled for the lease amount paid by 10th defendant for the lease of items 1 and 2, the rice mill, according to their shares, until 10th defendant was duly evicted from the premises.