KASIREDDY RAMAYAMMA Vs. KASIREDDY RAMA RAO

JUDGEMENT

(1.) This appeal is filed by the defendant against the judgment and decree in OS No.27 of 1980 dated 6-11-1982 on the file of the Subordinate Judge at Chodavaram by which the suit filed by the respondent-plaintiff seeking partition of Lot I of the plaint schedule properties into two equal shares and allotment and delivery of one such share to him was decreed.

(2.) For the sake of convenience, the parties will be referred to as they are arrayed in the suit.

(3.) The plaintiff laid the claim on the allegation that the suit properties were owned by late Isamsetty Pothu Naidu, his maternal grand-father. The plaintiff is the son of the defendant. The defendant being the sole issue, Poihu Naidu executed a settlement deed on 24-9-1976 in Ex.A1 conferring the suit properties with absolute rights on the plaintiff and after his (Pothu Naidu's) death, the defendant to have life interest. Therefore, the plaintiff and the defendant viz., the mother and son should enjoy the properties jointly. Pothu Naidu died in November, 1976 and thus the suit properties vested in him with absolute rights and he was enjoying the same along with the defendant. While so, the defendant, coming under the influence of one Boddu Kanakaiah, was contemplating to alienate the suit properties. The plaintiff demanded for partition to which the defendant was not agreeable. It was alleged that the properties described in Lot II of the plaint schedule were to be enjoyed by the donor along with the co-sharers, hence the relief of partition is restricted only to the properties mentioned in Lot I. Thus the suit for partition.