NANNEPUNENI SEETHARAMAIAH Vs. NANNEPUNENI RAMAKRISHNAIAH

JUDGEMENT

(1.) This appeal preferred by defendants is directed against the judgment and decree of the Subordinate Judge, Khan Original Suit No. 6 of 1962 decreeing the suit of the plaintiff for partition and possession of his 1/5 share in Items 1 to 4 , 6 and 7 of plaint A schedule and Item 18 of plaint B schedule.

(2.) The defendants 1 to 3 and the plaintiff are the sons of one Narayana, the 4th defendant is their mother and the 5th defendant is their sister. According to the plaintiff, he and the defendants 1 to 3 were members of a Hindu undivided joint family and therefore he is entitled to partition and separate possession of his share in the joint family properties. The suit was resisted by the defendants contending inter alia that there was a prior partition where under there was allotment of shares to each of the sharers and therefore the plaintiff is precluded form seeking the relief of partition and separate possession of his share. The Subordinate Judge held that there was no prior partition as set up by the defendants, and that the plaintiff is entitled to the relief claimed only in respect of Items 1 to 4, 6 and 7 of plaint A schedule and Item 18 of plaint B schedule and passed a preliminary decreed accordingly.

(3.) Mr. Y. Suryanarayana, appearing for the appellants, contended that the evidence on record amply bears out the case of the appellants that there was a prior partition in the year 1955 and that the plaintiff walked out of the family taking his share and as such this partition action is not maintainable. As the plaintiff has also claimed his right to inherit along with his brothers, hi fathers estate and as it was negatived by the Court below he has preferred the cross-objections. Mr. Suryanarayana contended that the plaintiff, being the murderer of this father, cannot inherit the estate of his father and as such he is not entitled to a share in his fathers property under Section 25 and 27 of the Hindu Succession Act.