KEESARI SANTAMMA Vs. KANUMATHAREDDI VENKATRAMIREDDI

JUDGEMENT

(1.) The plaintiff is the appellant. She is the daughter of one Rami Reddi, a divided brother of defendants 1 and 2 and another Seethareddi deceased. The suit out of which this second appeal arises was instituted by her for partition and recovery of possession of half a share of various items of properties. In this second appeal we are concerned only with her right to certain portions of items 1 and 2.

(2.) The plaintiff's case is that her father and his brothers became separated about thirty years ago, that the properties of her father and Seethareddi were kept joint and that she is now entitled to get half a share in the suit properties. It is not necessary for the purpose of this second appeal to state anything about the merits of the plaintiff's case or of the case of the defendant: for, the case of the plaintiff has been dismissed by the lower appellate Court on the ground that the suit is not maintainable except in so far as her claim was admitted by the defendant.

(3.) In the first Court, the plaintiff obtained a decree partitioning the property in certain definite shares. In appeal the learned Judge agreed with the findings of the District Munsiff on the merits, but in his opinion the entire suit was liable to be dismissed as he held that the suit was not maintainable. However, as the defendants admitted the plaintiff's claim to a certain extent the decree in plaintiff's favour given by the District Munsiff was allowed to stand with the modifications indicated in paragraph 14 of his judgment.