GANNAMANI ANASUYA Vs. PARVATINI AMARENDRA CHOWDRY

JUDGEMENT

(1.) This appeal is filed against the judgment and decree in OS No.55 of 1985 dated 23-4-1993 passed by the Subordinate Judge at Ramachandrapuram. The defendants 2, 3 and 5 to 7 are the appellants.

(2.) The plaintiffs filed the suit for the partition of plaint A schedule properties into 3 equal shares by metes and bounds and to allot 3 such shares to the plaintiffs and for partition of plaint B schedule property into 9 equal shares by metes and bounds and to allot 4 such shares to the plaintiffs through the process of Court and for directing defendants 1 to 3 to render fair and proper accounts in respect of the poultry business run in the plaintiffs B Schedule property from the year 1968 onwards till the date of filing of the suit and for future profits and costs. The averments in brief in the plaint are as follows:

(3.) The plaintiffs are brothers and sons of the first defendant. Both of them are studying engineering and are students. The father of the 1 st defendant Narasimha Murthy died on 24-6-1971 and the mother of the 1st defendant predeceased her husband having died in or about 1947. During the life time of late Narasimha Murthy, the 1 st defendant partitioned the joint family land under a registered partition deed in 1961. In the said partition, only landed properties were partitioned keeping the family house and vacant sites at Pulagurtha joint. After the death of the 1 st defendant, the said house property and vacant sites at Pulargurtha were being enjoyed as joint family properties of the 1 st defendant and the plaintiffs, though the landed property was divided earlier amongst themselves. The 2nd defendant is the daughter of the natural brother of late Narasimha Murthy and her parents died when she was very young and unmarried. Late Narasimha Murthy and his another brother brought her up and got her married to the 3rd defendant. At the time of marriage the 3rd defendant was a student of Veterinary Science at Madras and after securing BVSc, degree he joined the Veterinary department.