P LEELAVATHY Vs. P SHARADA DEVI ALIAS SUMITRA

JUDGEMENT

(1.) The appellant filed O.S.No.2034 of 2005 in the Court of II Senior Civil Judge, City Civil Court, Hyderabad, against the respondents, for the relief of declaration of tide, in respect of the suit schedule property. It was pleaded that the suit schedule property, being a house comprising of ground and first floors constructed over 96 square yards of land, was acquired by the husband of the appellant and that the respondents are claiming title and possession over it.

(2.) The 1st respondent is the daughter-in-law of the appellant and respondents 2 and 3 are her children. The suit was opposed by them, by taking the plea that the property was acquired by the son of the appellant and that the 1st respondent has gifted the same to respondents 2 and 3. Through its judgment, dated 02-07-2009, the trial Court dismissed the suit. Hence, this appeal.

(3.) Sri G.V. Raghava Reddy, learned counsel for the appellant, submits that though the trial Court did not agree with the contention of the appellant, as regards the relief of declaration of tide, a specific view was expressed to the effect that the appellant, on the one hand, and respondents 1 to 3, on the other hand, are entitled for equal shares, and in that view of the matter, a preliminary decree for partition ought to have been passed. He relies upon Order VII Rule 7 C.P.C., and places reliance upon the judgment of this Court in Kusam Satyanarayana Reddy v. Kusam Sambrajyamma (died) by LRs. (1) 2004 (3) ALT 115 = 2004 (2) ALD 635 (D.B).