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M. Jagannadha Rao and P. Ramachandra Raju, JJ
M. Jagannadha Rao and P. Ramachandra Raju, JJ
M. Jagannadha Rao and P. Ramachandra Raju, JJ
Equivalent Citation: 1986AC J488, 1986AC J488, AIR1985AP321, [1987]61C ompC as452(AP)
JUDGMENT
P. Ramachandra Raju, J.
1. The appeal is directed against the decree and judgment dismissing O.S. No. 33 of
1979 on the file of the Subordinate Judge, Sangareddy, a suit filed for partition of the
properties belonging to the estate of one late S. M. Ghouse, who died on January 9,
1979, due to a fatal accident, while working as a lineman in the State Electricity
Board at Siddipet.
2. The parties are referred to, according to their position, in the suit. Plaintiffs Nos. 1
and 2 are, respectively, the farther and mother of late S. M. Ghouse. The said Ghouse
married one Razia Begum through whom, three daughters, plaintiffs Nos. 3 to 5, all
minors, were born to him. On the death of Razia Begum in the year 1972, S. M.
Ghouse married the first defendant as his second wife. The second defendant is his
son through the first defendant. The third defendant is the posthumous daughter of
S. M. Ghouse by the second marriage. Various amounts, detailed as items Nos. 1 to
16 of the plaint schedule, belong to the estate of late S. M. Ghouse either as amounts
standing to his credit or which became payable consequent on his death. Item No. 7
of the plaint schedule involving an amount of Rs. 16.08 relates to the arrears of
salary due to late S. M. Ghouse for the period January 1 to January 9, 1979. Items
No. 9 involving an amount of Rs. 16.37 related to the arrears due on account of work
done on paid holidays. Item No. 10 involving an amount of Rs. 25 related to the
arrears due on account of medical aid. It is common ground that, subsequent to the
death of S. M. Ghouse, the first defendant drew these amounts covered by items Nos.
7, 9 and 10 involving a total amount of Rs. 57.45.
3 . Shortly thereafter, disputes arose between the parties because of the claim for a
share made by plaintiffs Nos. 1 and 2 in the plaint schedule property. The first
defendant, by notice dated June 21, 1979, denied the rights of the plaintiff and the
suit, out of which this appeal had arisen, was filed on July 26, 1979, claiming