YETHIRAJULA NEELAYYA Vs. MUDUMURU RAMASWAMI
HIGH COURT OF ANDHRA PRADESH
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(1.) This second appeal by the defendants against the judgment and decree in A. S. 3 OF 1970 on the file of the Principal Sub-Judge, Srikakulam confirming the judgment and decree of the trial court in O. S. 55/66 on the file of the District Munsifs Court, Cheepurupalli.
(2.) The first plaintiff is the father and plaintiffs 2 and 3 and one Yerriah are his sons and according to them they constituted a Hindu joint family of which the first plaintiff was the manager. Yerriah got separated as per registered partition deed dated 30/10/1962, the details of which are mentioned in plaint Schedules A and B. The properties mentioned in Schedule B having been allotted to the said Yerriah and the properties mentioned in Schedule A having continued to be joint properties of the rest of the family members viz., Plaintiffs 1 to 3. Item 4 of the plaint A Schedule property alone is the subject-matter of the suit in this second appeal and as per the plaint averment is jointly owned and enjoyed by all the plaintiffs. It is the plaintiffs case that on account of grudge and ill-will and other factors which it is not necessary to note for the disposal of this case, defendants 1 and 2 trespassed into the suit land unlawfully in July 1965 removed Ragi crop raised by them and thus dispossessed the plaintiffs. The plaintiffs therefore filed the suit for the recovery of possession.
(3.) The defendants claimed that they have purchased this property under Ex B-3 dated 22-12-1964 from the said Yerriah. They contended that partition was in fact effected even in 1959 and in that partition this item of property fell to the share of Yerriah and the subsequent partition pleaded by the plaintiffs is collusive one pleaded for defeating the rights of the defendants.;
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