K.S.SHRIVASTAVA
Adapa Chinna Bhumaiah – Appellant
Versus
Adapa Sailu – Respondent
( 1 ) THE defendant in OS 18/1979 is the appellant.
( 2 ) THE respondents are the sons of the appellant. They instituted a suit for partition and separate possession of the plaint schedule property through their mother, beingnatural guardian, alleging that the appellantand the respondents are the members of joint Hindu family which owns ancestral joint family property, that is the plaint schedule property. They alleged that the appellant ill-treated their mother due to which she had to stay away from him with the plaintiffs from the year 1975. They are entitled to2/3 share in the plaint schedule property and separate possession. The appellant denied the claim of the respondents alleging that the mother of the respondents had no locus standi to file a suit for partition and separate possession because she was not appointed as guardian by the competent Court. He has denied that the respondents have got2/3, share in the plaint schedule property. He has further pleaded that he was not the pattadar of the land bearing Survey Nos. 141/1 to 141/8 and 129/1 and he is only a shareholder in respect of Survey Nos. 234,235 and 590. He has pleaded that the suit house is not
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