Y.SAKKUBAI Vs. KUTUMBA RAO

JUDGEMENT

(1.) The ancestor of the appellants in O.S.No.27 of 1989 on the file of Subordinate Judge, Sathupalli, preferred this appeal, challenging the decree and judgment dtd. 29/8/1996, whereby the suit filed by the plaintiff therein for partition of the property into two equal shares and for allotment of one such share to him with consequential reliefs, was dismissed.

(2.) The ranks given to the parties before the trial Court will be adopted throughout the judgment for reference of convenience.

(3.) The plaintiff filed the suit for partition of A-schedule property into two equal shares by metes and bounds and to allot one such share to him and deliver possession of the same alleging that the plaintiff is the younger brother of the 1st defendant and the A-schedule property is the joint family property situated at Ammapalem Village of Sathupalli Taluk. The property situated at Peddapadu Village was acquired under registered sale deed executed by Devi Laxmidevamma in favour of the plaintiff and the 1st defendant. The 1st defendant was working as a Teacher while plaintiff was attending to agriculture at Kothur. Entire schedule property annexed to the plaint, except the property at Peddapadu was acquired by the plaintiff and the 1st defendant with joint exertions. The documents were obtained in the name of the 1st defendant, being the elder brother of the plaintiff. Thus, all the properties are being enjoyed by plaintiff and 1st defendant jointly treating as joint family property.