C BOMMUL REDDY Vs. C R BOMMUL REDDY

JUDGEMENT

(1.) This appeal is filed by defendants 1,4 and 6 to 8 in O.S.No. 38/76 on the file of the Subordinate Judge, Madanapalle against the judgment and decree dt. 7-1-82. The court decreed the suit for partition filed by plaintiffs 1 to 3 and passed a preliminary decree to the effect that the plaintiffs are each entitled to a 3/27th share. The 1st defendant is entitled to 4/27th share, and defendants 3,5 and 12 together are entitled to 9/27th share. Defendants 6 to 9 are together entitled to a 4/27th share and the 4th defendant is entitled to a 1/27th share in all the plaint schedule properties.

(2.) Aggrieved by this judgment the present appeal is filed by defendants 1, 4 and 6 to 8 who represent the first branch. They are progeny and Wife of Bommul Reddy, the son through the first wife of peddapapireddygari Bommul Reddy (hereinafter called propositus). The plaintiffs represent the second branch i.e. the branch of Bommul Reddy @ Peddabba (hereinafter called 'Peddabba'). He is the first son through the second wife of propositus. The three plaintiffs are the three sons of Peddabba. The third branch is the branch of Rami Red Jy the second son of the propositus through the second wife. His wife D-5, son D-3, sister D-12 and Reddappareddy's wife Krishnamma D-13 are sailing with the plaintiffs' in the suit. For greater details and clarity the geueological tree filed along with the plaint and extracted in the judgment may be referred to.

(3.) The brief version of the plaint runs thus: The suit properties described in the schedule originally belonged to Peddapapireddgari Bommul Reddy who died about 100 years ago leaving behind him his three sons, Bommul Reddy the son through the 1st wife, Bommul Reddy @ Paddabba and Ramireddy sons through the 2nd wife. After his death, his three sons inherited the property and enjoyed the property jointly. The family continued to be joint after the death of Peddapapireddygari Bommul Reddy (propositus). Bommul Reddy, father of D-1 and D-2 became the manager of the joint family. After his death in 1950 his son Bommul Reddy D-l became the manager of the joint family. During the time when D-1's father and D-l were Managers of the joint family several properties were purchased with the funds of the joint family. They are part of the suit property. Though the sale deeds were executed in the name of Bommul Reddy and D-l the property purchased was treated by all the brothers as joint family property. Oa several occasions the co-parceners have admitted the fact that all the properties including the properties purchased by the father of D-l are joint family properties.