KOLLURI SUSEELAMMA Vs. YERRAMILLI NAGESWARA RAO

JUDGEMENT

(1.) The substantial question of law in this Second Appeal is whether Rule 12 or Rule 18 of Order XX of the Code of Civil Procedure is applicable for ascertainment of profits, both past and future, in a suit for partition and separate possession of properties devolved by gift jointly made to the donees?

(2.) OS No.38 of 1970 was filed by the plaintiff, namely, Yerramilli Nageswara Rao against 25 defendants for partition and separate possession of his share in plaint A and B schedule properties and also for rendition of accounts by the 1st defendant for his management of the said properties. Defendants 2 to 18 are the other sharers entitled to all the properties. The suit schedule properties were gifted jointly to the parties.

(3.) The preliminary decree was passed on 30-7-1971. Defendant No.1 died on 18-1-1979. Defendant No.7 predeceased him. As per the preliminary decree, plaint A schedule properties were to be divided into 6 equal shares and one such share was to be allotted to the plaintiff. Plaint B schedule properties were to be divided into 5 equal shares and one such share was to be allotted to the plaintiff and defendants 2 to 6 together. Concisely speaking, the plaintiff was entitled for 1/6th share in the plaint A schedule properties and 1/30th share in the plaint B schedule properties and for profits arising therefrom against defendant No.1, who was in management of the properties and who was made account for profits from 3-11-1961 onwards.