JALADHIJA EDUCATIONAL SOCIETY Vs. POLOJU LAKSHMI

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree dtd. 16/12/2021 in O.S.No.185 of 2013, on the file of learned VIII Additional District and Sessions Judge, Khammam, whereby the suit for partition was preliminarily decreed.

(2.) For the sake of convenience, the parties hereinafter are referred to as they were arrayed before the trial Court.

(3.) The brief facts of the case as can be seen from the plaint are that the sole plaintiff filed the O.S.No.185/2013 on the file of learned VIII Additional District and Sessions Judge, Khammam against defendant Nos.1 to 9 seeking partition and separate possession in respect of the suit schedule property i.e., land admeasuring Ac.3.24 guntas in Sy.No.377/AA, 377/E, 378/AA, 378/E at Tanikella Village, Konijerla Mandal, Khamam. Batchala Sambaiah, who expired intestate on 13/11/2008, is the original owner and possessor of the suit schedule property. Plaintiff and defendant Nos.3 and 4 are the daughters and defendant Nos.1 and 2 are the sons of Batchala Sambaiah. After the death of Batchala Sambaiah, the plaintiff and defendant Nos.1 to 4 have succeeded to the suit schedule property and also in constructive possession of the same. Though plaintiff demanded for partition of the suit schedule property, the defendant Nos.1 and 2 went on postponing the same on one pretext or the other. The plaintiff came to know that defendant Nos.1 and 2 in collusion with defendant Nos.5 to 9 have created some sham and nominal documents in respect of suit schedule property by forging the signature of the plaintiff. Despite receiving legal notice from plaintiff, defendants did not respond. Hence, the suit for partition seeking division of the suit schedule property into five equal shares and for allotment of one such share to the plaintiff.