(L. Narasimha Reddy, J.)

The Letters Patent Appeals and the Civil Miscellaneous Appeal are the offshoots of O.S.No.54 of 1959 on the file of the Subordinate Judge, Chittoor. The subject matter of these appeals is the dispute about partition of the properties held by an affluent family in Chittoor District. The sad part of it is that two brothers were unable to agree upon the partition and their disagreement has brought about a litigation spread to three generations.

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

One Sri Yerram Reddy had lands and other immovable properties in three villages, namely Peruyambadi, Chitra and Arambadi villages of Chittoor District. He was also doing abkari (excise) business. He had two sons by name Narayana Reddy and Chinnam Reddy. While Narayana Reddy was at Chennai undertaking studies, Chinnam Reddy was assisting his father in the administration of the properties and business.

Yerram Reddy died in the year 1937. By that time, his son Narayana Reddy was at Madras pursuing his studies. Narayana Reddy got issued a notice in the year 1937 to his brother Chinnam Reddy requiring him to bring about partition. From February, 1941 onwards Narayana Reddy assumed the administration of the properties in Chitra and Arambadi villages and Chinnam Reddy was looking after the properties in Peruyambudi village. Yerram Reddy had a daughter and her husband, Sri Adhikari Narayana Reddy was also assisting the family.

NarayanaReddy, 1st plaintiff and his two sons Nityanand Reddy and Manohar Reddy, plaintiffs 2 and 3 filed O.S.No.54 of 1959 in the Court of the Subordinate Judge, Chittor, against Chinnam Reddy, the 1st defendant, his son, Siva Ram Reddy, 2nd defendant, his grand-son, Amarnath Reddy, defendant No.3, for partition and separate possession of the suit schedule properties and for rendition of accounts for the property, for the period, during which, the 1st defendant was said to be in the management of the entire properties.

The plaintiffs pleaded that taking advantage of the fact that the 1st plaintiff was at Madras and Yerram Reddy was old, the 1st defendant has appropriated the family income for himself and he has also diverted some of the properties for his benefit. It was also pleaded that though the son-in-law of Yerram Reddy, the 4th defendant, did not have any properties at his native place, he too, has acquired properties in his own name by using the income of the joint family of the plaintiff and the 1st defendant. Another contention was that an item of property was purchased in the name of the 1st defendant from the joint family funds, was shown in the revenue records in the name of the 4th defendant with the collusion of the 1st defendant.

During the pendency of the suit, the 1st plaintiff, Narayana Reddy died. His two sons are already on record. The 3rd plaintiff i.e., second son of Narayana Reddy died and his legal representatives were brought on record. The defendants 1 and 4 also died and their legal representatives were brought on record. The cause title became expanded on account of the fact that quite large number of persons, who are purchasers of the properties at different points of time, were also impleaded.

During the pendency of the suit, an interim preliminary decree was passed on 25.10.1960 in I.A.No.3899 of 1960, directing that certain items of plaint A and B schedule properties, which were sold in favour of third parties, shall be deducted from the shares of defendants 1 to 3. Apart from the disputes between the plaintiffs on one hand, and the defendant on the other hand, there existed some disputes, inter se plaintiffs 2 and 3 and their sisters. The children of the 1st plaintiff laid claims against each other, on the basis of as many as five Wills said to have been executed by him.

Ultimately, the trial Court passed a preliminary decree on 07.06.1982. It did not accept any of the Wills executed by the 1st plaintiff. It was held that a) the