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Display - PDF - 2020-08-21T201451.930
Display - PDF - 2020-08-21T201451.930
JUDGMENT
into two equal shares and to allot one such share to plaintiff by taking
into consideration the good and bad qualities of the same and for costs
of the suit.
them having joint half share. After abolition of estates, while taking over
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the estates, Government issued rough pattas in their name and their
from the tamarind trees in suit schedule property every year and sharing
the same equally. Special Deputy Tahsildar, Chandragiri also issued Ryot
pass book in respect of the properties of Ramaiah Naidu including his half
purchased the share of Munaswamy Naidu and thus for the past few years
plaintiff’s family and defendants’ family are enjoying the plaint schedule
mentioned property. At present there are four tamarind trees in the suit
schedule property.
2. (b) Father of plaintiff died in the year 1995, after his death in the
Officer, Pulicherla also issued pass-book and title deed in his name.
Thereafter, plaintiff has been taking his half share of tamarind produce
proclaim that they are the absolute owners of entire suit schedule property
Naidu and his family members sold the same to one Javili Pedda Reddeppa
Chetty for valid consideration and some time later, the said J.Pedda
21-10-1973. Revenue authorities also issued pattadar pass book and title
in the name of 1st defendant, duly mutating his name in revenue records.
plaintiff for share in the property is illegal and the documents filed by him
are not valid in the eye of law. Hence, it is prayed to dismiss the suit with
costs.
statement filed by 2nd defendant and prayed to dismiss the suit with costs.
defendant contended that the Survey number and extent mentioned in the
plaint schedule and written statement schedule are one and the same.
The four tamarind trees situated in the written statement schedule belong
to family of defendants and they are alone enjoying the same. The plaintiff
and his family members never shared any tamarind produce. The suit is
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filed by plaintiff only for wrongful gain. Hence, prayed to dismiss the suit
with costs.
C6 are marked.
Ramaiah Naidu and one Madupuri Munaswamy Naidu under Ex.A1 rough
patta, they both enjoyed the suit schedule property, after the death of
succeeded to the half share in the suit schedule property, in the oral
partition among the legal heirs of Ramaiah Naidu, half share in the suit
and enjoyment of the same along with defendants, but the defendants are
proclaiming in the village that the entire suit schedule property is their
own property and they are not going to give any share to plaintiff in the
schedule property and made an attempt to put fencing around the suit
schedule property without the consent of plaintiff on the ground that they
purchased the entire suit schedule property from one Javili Reddeppa
Chetty under a registered sale deed. Hence, plaintiff filed the suit for
partition and to allot half share to him in the suit schedule property and
13. The learned counsel for defendants argued that the L.Rs. of
Madupuri Munaswamy Naidu sold the suit schedule property to one Javili
Pedda Reddeppa Chetty under Ex.B1 registered sale deed, the said Javili
defendant and the 3rd defendant has been in possession and enjoyment of
possession of half share in the suit schedule property, burden lies on him
to prove that he has half share in suit schedule property. To prove his
right over half share in the suit schedule property, plaintiff filed
Munasway Naidu. Plaintiff also filed Ex.A5 Notice dated 21-12-1969 issued
Munaswamy Naidu for enhancement of cist. Since the then Tahsildar was
said that the suit schedule property was assigned by Government to the
father of plaintiff and Madupuri Munaswamy Naidu. The plaintiff also filed
the said Ex.A2, it is clear that the suit schedule property stands in the
Munaswamy Naidu.
15. From the above Exs. A1, A2 and A5 it is clear that the
16. The plaintiff also filed Ex.A3/Ryot pass book issued by Special
Ex.A3, it is clear that an extent of Ac. 0.28 cents out of Ac.0.56 cents in the
So, it is clear that the father of plaintiff is having Ac.0.28 cents out of
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Ac.0.56 cents in the suit schedule Survey Number. The plaintiff also filed
Ex.A4/ certified copy of title deed pass book stands in his name. On
the contents of plaint. In cross examination, PW1 stated that his father
18. From the above evidence of PW1, it can be said that after the
death of his father, his father’s share was succeeded by him and his name
is also mutated in revenue records. PW1 admitted that after laying fencing
voluntarily stated that as they are not allowing him to enjoy his share of
property, he filed this suit for partition of suit schedule property. From the
above evidence of PW1, it can be said that the defendants are not allowing
him to enjoy the share of his father in the suit schedule property. So, filing
and in the said circumstances, it can not be said that the defendants are
19. PW1 denied the suggestion that his father and Madupuri
further contention of plaintiff that after the death of his father, his share
has been enjoying by him along with defendants who purchased the share
himself were sharing the usufruct of tamarind trees, later the defendants
denied to give his share in the usufruct of tamarind trees and not allowed
him to enjoy the suit schedule property situated in the suit schedule
property. So, it can be said that the defendants are denying to enjoy the
half share of plaintiff also in the suit schedule property. Hence filing of suit
by plaintiff for partition and separate possession of his half share in the suit
perusal of the said Ex.B1, it is clear that the legal heirs of Madupuri
Munaswamy sold the suit schedule property and other properties to one
J.Pedda Reddeppa Chetty. The said Pedda Reddeppa Chetty sold the suit
of Ex.B2 certified copy of registered sale deed dated 21-10-1973. The first
and 2nd defendant/ DW1 who is the son of 1 st defendant, executed the
gifting the suit schedule property. After gifting the suit schedule property
mutated in the revenue records, defendants filed Exs.B4 and B5 which are
1-B extract dated 28-3-2019 and Adangal for faslie 1428. The above
Exs.B4 and B5 establish that the suit schedule property stands in the name
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of 3rd defendant. Ex.B6 photographs establishes that there is a gate and
not know how Madupuri Munaswamy Naidu got the suit schedule property
sold by his L.Rs. under Ex.B1 to Reddeppa Chetty. He further stated that
he has not filed any revenue record of Madupuri Munaswamy Naidu and
that he does not know how Madupuri Munaswamy Naidu got the suit
schedule property i.e., Ac.0-56 cents. If really, suit schedule property i.e.,
Ac.0-56 cents stands in the name Madupuri Munaswamy Naidu, his name
not filed by defendants. Without verifying the revenue record and also
Reddeppa Chetty purchased the suit schedule property i.e., Ac.0-56 cents
was also not verified the title of Madupiri Munaswamy Naidu before
purchasing the suit schedule property i.e., an extent of Ac.0-56 cents from
the father of 2nd defendant, who is no more, also not verified the title of
Madupiri Munaswamy Naidu over the suit schedule property i.e., Ac.0-56
cents and purchased the property from Pedda Reddeppa Chetty under the
the suit schedule property by 1st defendant under the original of Ex.B2, his
favour of 3rd defendant gifting the suit schedule property i.e., Ac.0-56
cents, since the vendor’s vendors of 1st defendant has no right to alienate
the entire suit schedule property i.e., Ac.0-56 cents, 3 rd defendant would
not get any right over the entire suit schedule property i.e.,Ac.0-56 cents.
and also Exs.B4 and B5 which are 1B extract and adangal for faslie 1428,
in which the name of 3rd defendant is entered for entire suit schedule
property.
of 3rd defendant under the original of Ex.A3 /certified copy of registered gift
property under the original of Ex.B2 from one J.Reddeppa Chetty, who also
purchased entire suit schedule property under the original of Ex.B1 from
the legal heirs of Madupuri Munaswamy Naidu and the defendants 1 and 2
settlement deed in favour of 3rd defendant and the name of 3rd defendant is
property i.e., Ac.0-56 cents to J.Pedda Reddeppa Chetty under the original
the property by 1st defendant and gifting the said property to third
defendant is of no value.
He deposed that the 1 st and 2nd defendants are executed the original of
Ex.B3 in favour of 3rd defendant gifting the suit schedule property in his
copy of 10(1) register extract. It shows that the suit schedule property i.e.,
Ac.0-56 cents stands in the name of Challa Gundla Ramaiah who is the
27. It is the contention of plaintiff that after the death of his father,
his name is mutated in the revenue record for his half share. He also filed
Exs.A4 and A6. The above said documents establish that the share of his
father i.e., Ac.0-28 cents in suit schedule survey number stands in the
of 0-56 cents stands in the name of 1st defendant. Since the 1st defendant
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purchased the suit schedule property under the original of Ex.B2/certified
entire suit schedule property from the L.Rs. of Madupuri Munaswamy Naidu
who is joint pattadar along with father of plaintiff. So, the entry made in
Ex.C4 in the name of 1st defendant for entire suit schedule property i.e.,
the said entry was cancelled. So, Ex.B3 is not helpful to the case of
defendants.
the name of 3rd defendant for suit schedule property. Ex.C6 is attested
copy of adangal for faslie 1425 - 1426 for the suit schedule property stands
entered in revenue recored for the entire suit schedule property, since the
revenue record does not create any title over the suit schedule property
31. The learned counsel for plaintiff argued that even though the
name of 3rd defendant is mutated for entire suit schedule property, the
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said mutation would not amount to ouster of share of co-sharer. In
of original of Ex.B3 has no right over the entire suit schedule property.
oust the share of plaintiff who is co-sharer, in the suit schedule property.
The above said decision is quite applicable to the facts of the present case.
certified copy of registered sale deed on 21-10-1973 and the said property
filing of suit in the year 2014 is barred by limitation and prayed to dismiss
the suit.
the plaint and continuing, the suit filed by plaintiff in the year 2014 is
for plaintiff relied upon the above said decision referred supra, wherein
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it was held that, “period prescribed for claiming to partition is 12 years.
suit schedule property and continuing one. The defendants did not
rebut the said plea. In the cross examination PW1 also denied that on
10-2-2014, the defendants did not deny the right of plaintiff and plaintiff
has no right over suit schedule property. Hence, it can be said that the
12 years and suit is not barred by limitation. I do not find force in the
defendant, he would not get any right over the entire suit schedule
defendant have no right and title over the entire suit schedule property
i.e., AC.0-56 cents to sell the same under Ex.B1 to J.Pedda Reddeppa
Chetty. Even though Madupuri Munaswamy L.Rs. have no right over the
entire suit schedule property i.e., Ac.0-56 cents, they sold entire suit
dated 21-10–1973 and that 1st defendant will not get any right and title
over the said property. So, execution of the original of Ex.B3/ certified copy
name of 3rd defendant for entire suit schedule property are also of no
value, as because, as the gift itself is for entire suit property is of no value.
38. In view of the above discussion, this court holds that the
properties into two equal shares and he is entitled for half share in the
that the plaintiff is entitled for allotment and separate possession of one
such divided share by taking consideration the good and bad qualities of
the same. Hence, this issue is answered in favour of plaintiff and against
the defendants.
suit schedule properties be divided into 2 (two) equal shares and to allot
one such divided share to the plaintiff by taking into consideration the
Sd/-B.Devendra Reddy,
Junior Civil Judge,
Pakala.
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APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
PLAINTIFF DEFENDANTS
Sd/-B.Devendra Reddy,
Junior Civil Judge,
Pakala.
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