KALLAKURI PATTABHIRAMASWAMY Vs. KALLAKURI KAMARAJU

JUDGEMENT

(1.) THIS appeal by defendants is against the Judgment and decree in O. S. No. 50 of 1984, dated 19. 03. 1990. The plaintiffs filed suit for partition of plaint 'a' and 'b' schedule properties (land admeasuring about Acs. 3. 55 cents in r. S. No. 304/2 situated at Angara Village of Alamur Taluq in East Godavari district and a residential house bearing No. 9-52 (183. 1 square yards) situated in the said village ). Lower Court passed a preliminary decree ordering partition of suit schedule properties into two equal shares by metes and bounds and allotting one such share to the plaintiffs while ordering enquiry into future profits by way of separate application. For the sake of convenience, the parties are referred to as they are arrayed in the suit.

(2.) PARTIES to Suit kallakuri Ramaswamy belongs to merchant community. He acquired considerable extents of lands, house sites and residential house. Kallakuri Kamaraju is the son through his first wife. After her death, Ramaswamy (or Swamy) took veerabhadramma as second wife. Pattabhi Ramaswamy is born out of this wedlock. Kamaraju had only son Panasa Ramanna. Plaintiffs 1 to 6 are his sons and plaintiff No. 7 is his wife. Defendants 1 and 2 had five sons who are defendants 3 to 7 and one Venkataswamy. Defendants 8 and 9 are wife and son of late venkataswamy.

(3.) ADMITTED facts the admitted fact of the matter is as follows. Ramaswamy and his two sons partitioned properties under registered partition deed, dated 25. 08. 1933, which is marked as Ex. A. 1. This contains five Schedules (hereafter called, Ex. A. 1 schedules ). 'a' and 'b' schedules were allotted to Kamaraju and Pattabhi ramaswamy respectively. An extent of Acs. 10. 55 cents which formed 'c' schedule was retained by Ramaswamy to be divided after his death between his two sons. Life interest was given to Ramaswamy and his second wife in respect of house (plaint 'b' schedule property) to be enjoyed by them during their life for the purpose of stay and after his death, two sons would get house equally. 'd' schedule in Ex. A. 1 consists of two items. Agricultural land in an extent of acs. 2. 09 in R. S. No. 306/2 was given to Veeraswamy with absolute rights and acs. 3. 55 cents in different survey numbers (which is plaint 'a' schedule) was given to her to be enjoyed during her lifetime and after her death, the property to be devolved on two sons of Ramaswamy equally. The dispute in the present suit revolves around the house and the land in survey No. 304/2. Pursuant to Ex. A. 1, partition deed, the parties were enjoying their respective shares. Six years thereafter, Ramaswamy died. Veerabhadramma sold Acs. 2. 09 cents which was given to her with absolute rights. In respect of Acs. 3. 55 cents (which was included in 'd' schedule of Ex. A. 1) and the house which formed 'e' schedule of Ex. A. 1, Veerabhadramma executed a registered will on 30. 12. 1968 bequeathing these properties in favour of second defendant (her daughter in law)and giving vested remainder to defendants 3 to 7 and husband of defendant No. 8. The plaintiffs got issued notice on 26. 07. 1993 seeking partition of these two items. Defendants did not agree for the same in their reply dated 01. 08. 1993. Therefore, the suit was filed on 04. 04. 1984 for partition. It may be mentioned that defendants 2, 4, 5 and 7 filed common written statement, which was adopted by defendants 1, 6, 8 and 9. The facts culled out from rival pleadings as hereinabove are not seriously disputed.