A.RAMA DIED Vs. O.KRISHNA REDDY

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 16/8/2021 in A.S.No.54 of 2016 on the file of the Court of the V Additional District and Sessions Judge, Bhongir (for short, lower appellate Court), wherein and whereby the judgment and decree dtd. 31/8/2012 in O.S.No.446 of 2006 on the file of the Court of the Principal Junior Civil Judge at Bhongir (for short, trial Court), was set aside and suit was dismissed. The appellant filed said suit for partition and allotment of 1/4th share in the schedule 'A' and 'B' properties and it was decreed.

(2.) Originally, appellant No.1 herein filed the above suit. During the pendency of suit, she died and her legal heirs were brought on record as plaintiff Nos.2 to 4. The respondents herein are the defendants in the suit. For the sake of convenience, the parties hereinafter are referred to as they are arrayed in the suit. The term 'plaintiff' includes her legal heirs.

(3.) The case of the plaintiff, in short, is that she and defendant Nos.1 and 2 are the daughters of Donthiri Narsimha Reddy and defendant No.3 is his wife. Defendant No.4 is the purchaser of schedule 'A' property from defendant No.2 and defendant No.5 is the purchaser of part of schedule 'A' property from defendant No.4. Originally, late Donthiri Narsimha Reddy had acquired agricultural lands i.e., schedule 'A' and 'B' properties in the partition dtd. 11/5/1976 effected between him and his brother. The plaintiff claims that schedule 'A' and 'B' properties are ancestral properties. During the life time of Donthiri Narsimha Reddy, he and defendant No.2 had been managing the schedule 'A' and 'B' properties. The plaintiff is the youngest daughter and her marriage was performed in the year 1986. The marriages of defendant Nos.1 and 2 were performed by Donthiri Narsimha Reddy. During the life time of Donthiri Narsimha Reddy, he sold out an extent of land admeasuring Ac.6-08 guntas for family necessities. He died in the year 1990 leaving behind the plaintiff and defendant Nos.1 to 3 as his legal heirs to succeed to his estate; as such, schedule 'A' and 'B' properties were devolved upon the plaintiff and defendant Nos.1 to 3. After the death of Donthiri Narsimha Reddy, defendant No.2 obtained pattedar passbook and title deed from the revenue authorities and sold out schedule 'A' property in favour of defendant No.4 under two separate registered sale deeds dtd. 23/5/2005 suppressing the fact of presence of other co-parceners. Later, when defendant Nos.1 to 3 rejected the request of the plaintiff for allotment of 1/4th share in the properties, she filed the present suit.