K. SUJATHA Vs. K. CHINNA RAM REDDY

JUDGEMENT

(1.) The plaintiff in O.S.No.8 of 2002, on the file of the learned Senior Civil Judge at Jangaon, is the appellant challenging the judgment, dtd. 22/12/2005 dismissing the suit of the plaintiff for partition of joint family properties shown as item Nos. 1 to 10 in schedule-A properties and item Nos. 1 and 2 shown as schedule-B properties into 30 equal shares and for allotment of seven such shares in her favour and also for passing of final decree in her favour by appointing a Commissioner to assess the mesne profits from 1998 and to award mesne profits in her favour. Pending the appeal, in view of death of defendant No. 1, respondent No. 1 herein, his legal representatives were brought on record as respondent Nos. 6 to 9 vide orders dtd. 7/4/2022. For the sake of convenience, the parties are referred to, as arrayed in the suit.

(2.) Plaintiff laid the suit seeking partition of schedule A and B properties into 30 equal shares and for allotting 7 such shares in her favour. The plaintiff and the defendants are the children of Konyala Laxma Reddy and all of them constitute Joint Hindu Family and they are governed by Mithakshara School of law. Marriage of defendant No. 5 was performed after the amendment to Hindu Succession Act, 1956 and thus, a right is conferred on the female coparcener of Joint Hindu Family to claim a share in the joint family properties on par with male coparceners. About five decades back, ancestral properties were partitioned between Konyala Laxma Reddy and his brother wherein, the agricultural lands shown as item Nos. 1 to 6 of schedule-A properties fell to his share. Further, he got a share in the house bearing No. 3/6/27 measuring 250 sq.yds. and open plot measuring 500 sq.yds. shown as schedule B properties. That apart, item Nos. 7 to 10 of schedule-A properties were acquired by Konyala Laxma Reddy out of the income derived from the agricultural lands acquired by him as ancestral properties. Apart from the said properties, open plot to an extent of 1250 sq.yds. forming part of Sy.Nos. 260 and 261, situated at Jangaon was given in favour of defendant No. 5 towards pasupukunkuma by Konyala Laxma Reddy by executing a registered settlement deed dtd. 18/5/1996. So also, said Laxma Reddy, executed a registered Will Deed dtd. 11/11/1997 bequeathing 1/3rd share each in the properties referred in the schedule-A properties in favour of plaintiff and the defendant Nos. 1 & 2. He further bequeathed the house shown as item No. 1 in schedule-B properties in favour of his wife to be enjoyed by her during her lifetime. While so, their father, Konyala Laxma Reddy died on 14/4/1998 and their mother, Smt. Andamma died on 25/11/2000 and she died intestate leaving behind the plaintiff and the defendants as her legal heirs. All the properties shown as schedule-A and B properties are joint family properties of the plaintiff and defendants. Upon the death of their mother, plaintiff made a demand with the defendant Nos. 1 and 2 seeking partition of properties but they denied for partition of the properties. Hence, on 10/4/2002, again the plaintiff made a similar demand with defendant Nos. 1 & 2, which proved to be futile. The defendant Nos. 1 & 2 are cultivating the agricultural lands mentioned in schedule-A properties since the death of their father and are appropriating the usufructs derived therefrom by denying the share therein to the plaintiff and defendant Nos. 3 to 5 and therefore, she is entitled for mesne profits from 1998. According to the plaintiff, she, along with defendant Nos. 1, 2 and 5, is entitled to 7/30th share each and the defendant Nos. 3 & 4 are entitled to 1/30th share each in the suit schedule properties.

(3.) The defendant No. 3 filed her written statement admitting all the plaint averments and pleaded for passing a decree as prayed for by the plaintiff. The said written statement is adopted by defendant Nos. 4 and 5.