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1997 Supreme(AP) 1263

B.K.SOMASEKHARA
Jaggavarapu Krishna Reddy – Appellant
Versus
Jaggarvarapu Chittemma – Respondent


B. K. SOMASEKHARA, J.

( 1 ) THE appellants are the plaintiffs in O. S. No. 119/89 on the file of the learned Subordinate Judge, Khammam. The respondents herein are the defendants along with Defendant No. 1, Jaggavarapu Venkata Reddy. The parties are members of the same family as having been closely related. The plaintiffs are the 4th defendant are three sons of the 1st defendant. 2nd defendant is the wife of 4th defendant and 3rd defendant is son of 4th defendant. The plaintiffs and Defendants 1 and 4 were members of the joint family. The suit schedule properties and other properties belong to the joint family. They effected partition of the joint family properties under a partition deed Ex. A1 dated 29-5-1965 and the suit schedule properties fell to the share of the 1st defendant. The Defendant No. 1 alienated the suit schedule properties in favour of Defendants 2 and 3 under Ex. A2 gift deed dated 11-9-1984. The plaintiffs initially filed the suit for declaration that Ex. A2 is not binding on them as they had the right and title to the suit schedule properties in equal share by virtue of the recitals in Ex. A1 that they were to partition the same among them equally after their fat





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