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2010 Supreme(AP) 1261

L.NARASIMHA REDDY
S. M. Nagarani – Appellant
Versus
K. Muniratnam – Respondent


Advocates Appeared:
For the Appellant:B. Narasimha Sarma, Advocate.
For the Respondents:R1 - A. Rama Subbaiah, Advocate, R2 & R3 – NONE.

JUDGMENT

1. These two appeals arise out of the judgment and decree, dated 04.02.2004, in O.S.No.158 of 2001 on the file of the Additional Senior Civil Judge, Kurnool.

2. For the sake of convenience, the parties are referred to as arrayed in the suit.

3. Defendant Nos.1 and 2 are brothers and defendant No.3 is the sister of the plaintiff. All of them are children of late Subramaniyam Achary and Muni Chandramma. The suit schedule property is a house bearing No.51-323-48, owned by Muni Chandramma. She died on 13.02.1989. Defendant No.1 was in possession and enjoyment of the house. The plaintiff pleaded that her another brother, defendant No.2, was given an item of property and defendant No.3, her sister, relinquished her share in the schedule house, inasmuch as she held substantial properties. With these pleadings, the plaintiff claimed half share in the house, conceding the other half to defendant No.1.

4. Defendant Nos.2 and 3 remained ex parte. Defendant No.1 alone contested the suit. He pleaded prior partition in the family and stated that the suit schedule property has fallen to his share. Apart from that, he has raised the plea of adverse possession.

5. Through its judgment,




































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