CHINNANNOLLA MALLAIAH Vs. LLOLLA ANANTHAMMA

JUDGEMENT

(1.) The appellants are defendants in the trial Court, who were unsuccessful in the trial Court and also the appellate Court. Aggrieved by the concurrent findings, the present Second Appeal is filed. Hereafter, the parties will be referred to as in the trial Court.

(2.) The plaintiff filed suit for partition and separate possession of 1/3rd share in Acs.3.33 guntas of agricultural land in Sy.No.345/A claiming that she is having right on 1/3rd share in the suit schedule property, which right accrued from her father. The defendants 1 and 2 are brothers of the father of the plaintiff. After filing the suit, written statements were filed by the 1st and 2nd defendants denying the share of the plaintiff stating that the father of the plaintiff died during police action in the year 1949 before Hindu Succession Act, 1956 came into force. Further, the claim of the plaintiff is that her father and defendants 1 and 2, all three brothers had acquired the suit schedule property as joint family property. Further, according to the plaintiff, her father died in the year 1970 and her mother died prior to that. Since both the parents died, plaintiff was taken care of by her grandmother Lachamma and thereafter, by the 1st defendant, who is the paternal uncle.

(3.) The defendants 1 and 2 claimed that they succeeded the suit schedule property from their father, who is the grandfather of the plaintiff, as such, the plaintiff cannot claim her right since Hindu Succession Act 1956 was not in force at the time of death of the plaintiff's father in 1949. Accordingly, the real facts were suppressed by plaintiff and also the suit undervalued.