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2014 Supreme(AP) 537

M.S.RAMACHANDRA RAO
Madala Yathirajulu – Appellant
Versus
Madala China Ananthaiah – Respondent


Advocates Appeared:
For the Appellants/Plaintiffs : Sri P. Venkateswarlu Sri N. Krishna Murthy
For the Respondents Nos. 2, 5 and 6: Sri R. Srinivasa Rao
For the Respondents Nos.7 to 9: Sri B.V. Subbaiah, Senior counsel for Smt. Jyothi Eshwar

JUDGMENT

This appeal is filed challenging the judgment and decree dt.02.07.1993 in OS.No.76 of 1983 on the file of the Addl. Sub-Ordinate Judge, Ongole.

2. The appellant is the plaintiff in the suit. He filed the present suit seeking partition of plaint A, B and C Schedule properties into four equal shares and for delivery of 1/4th share to him, for enquiry into future profits regarding A Schedule properties, and for costs.

BRIEF FACTS OF THE CASE :

3. The plaintiff and defendant Nos.1 to 3 are brothers and sons of M. Rangaiah. The 3rd defendant was given in adoption to Singamneni Chinna Ananthaiah (for short, Ananthaiah) on 24.3.1940. The marriage of plaintiff was performed in the year 1970. M. Rangaiah died in 1956 and his wife died in 1980.

4. The plaintiff alleged that he along with his wife were living in his in-laws house; that all the plaint schedule properties are joint family properties; that even if he was in an illatum arrangement and was staying with his in-laws, he cannot be deprived of his rights in his natural family. He therefore claimed 1/4th share in all the plaint schedule properties. He further contended that 3rd defendant, who was adopted by their maternal grand-f




















































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