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2001 Supreme(AP) 352

V.V.S.RAO
Suryadevara Pullayya – Appellant
Versus
Suryadevara Satyanarayana – Respondent


V. V. S. RAO, J.

( 1 ) THIS appeal is filed by the plaintiffs against the judgment of the Court of subordinate Judge dismissing O. S. No. 279 of 1983. The plaintiffs filed the suit for partition of the properties shown in the plaint a and b schedules into two equal shares by metes and bounds and for putting the plaintiffs in separate possession of one such share. In this appeal the parties are referred as per their status in the suit. The case set up in the plaint is as follows.

( 2 ) THE second plaintiff is the wife of one ananthayya and the first plaintiff is his son. Ananthayya and Satyanarayana, the sole defendant, are brothers. It is the allegation that they constituted Hindu Joint Family and Ananthayya died on 5-3-1983 intestate and undivided with the defendant. Therefore, the plaintiffs are entitled to half share in the joint family properties. It is also stated that the first plaintiff s grandfather basavayya had three sons, namely, jaggayya, Ananthayya and Satyanarayana. When the defendant was minor, during the lifetime of Basavayya, eldest son Jaggayya got separated from the joint family and thereafter Basavayya and his two younger sons, Ananthayya and Satyanarayana co






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