- (1.) The plaintiffs in O.S. No.90 of 1973 on the file of Additional Subordinate Judge, Tirupati, are the appellants. They feel aggrieved by the judgment and decree in A.S. No.2164 of 1984, passed by a learned single Judge of this Court.
(2.) For the sake of convenience, the parties are referred to as arrayed in the suit.
(3.) The plaintiffs filed the suit against defendants 1 and 2 for the relief of partition of the suit schedule property, an extent of Acs.6-69 cents of land in Survey No.303/1 of Krishnapuram village, Chandragiri Taluq, Chittoor District. They pleaded that their father, the 2nd defendant, purchased the suit property through a sale deed dated 16-10-1969 by utilizing the resources of the joint family, but has sold the same clandestinely on 27-06-1973 in favour of the 1st defendant taking advantage of the fact that they are minors. It was pleaded that their ancestors were originally from Kadapa District and migrated to Tirupati several decades ago, and there, the family has also taken on lease, an extent of Acs.9-00 of land apart from acquiring valuable properties, and with the nucleus of the joint family, the suit schedule property was acquired. It was also alleged that the 2nd defendant purchased an extent of Acs.14-00 of land long ago and sold the same by dividing it into plots. The sale proceeds are said to have been utilized in purchasing the suit schedule property. They have also pleaded that the 2nd defendant was addicted to vices and the property was sold, only to meet his expenditure therefor.;