NARAMSETTI VENKATAPPALA NARASIMHULU Vs. NARAMSETTI SOMESWARA RAO

JUDGEMENT

(1.) This is an appeal preferred by the Defendants from a preliminary decree in a suit for partition brought by the respondents. The plaintiffs are the sons of the first defendant by his first wife Gangamma. The second defendant is his son by his second wife Kausalyamma. There is no dispute that the parties were members of a Hindu undivided family on the date of suit each being entitled to a 1/4 share in the family properties. The dispute in the appeal relates to the existence and the divisibility of certain assets and the provisions to be made for the maintenance and marriage expenses of the the two unmarried daughters of the first defendant, one of whom was born during the pendency of the suit.

(2.) The main contention of the appellants relates to the claim put forward by the first defendant to the exclusive ownership of certain lands, about 12 acres in extent which are now worth a substantial amount. This item was allotted along with other items of family properties to the first defendant's share at a partition between himself and his younger brother Ramasami which was completed in 1935. The partition was effected by means of an award (Ex. D-3) of certain arbitrators to whom the dispute between the brothers was referred in October, 1932. After dividing the other family properties in equal shares, the arbitrators allotted the item referred to above (which was described in the schedule F attached to the award) to the share of the first defendant as his Jyeshtabhagam.

(3.) The award recites. As out of individuals Nos. 1 and 2, individual No. 1 (i.e., 1 defendant) is elder and the first born and as individual No. 1 mainly carried on the affairs and much improved the property, we have settled the lands of the value of Rs. 3,035 mentioned in the F Schedule on individual No. 1 as Jyestabhagam and on account of their caste customs and consent given in the panchayathi agreement executed by individuals Nos. 1 and 2, we have agreed to the rate and directed the same to be given.