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V. GOPALA KRISHNA RAO
Tupili Girijamma – Appellant
Versus
Tupili Subba Reddy – Respondent
JUDGMENT
1. The appeal is filed by defendants 1 and 2 in O.S.No.224 of 2005 on the file of I Additional Senior Civil Judge's Court, Nellore, SPSR Nellore District. The 1st respondent herein is the plaintiff and respondents 2 to 5 are defendants 3 to 6 in the said suit.
2. The parties will hereinafter be referred to as arrayed before the trial Court.
3. The 1st respondent/plaintiff filed the suit for partition and separate possession of his share of Ac.6-75 cents from out of the plaint A schedule property, 5/12th share of the plaint B schedule property, directing defendants 1 to 3 to pay plaintiff Rs.1, 30, 250.00 being the profits in respect of his share of Ac.6-75 cents in A schedule property and 5/12th share in respect of plaint B schedule property and also directing defendants 1 to 3 to pay future profits in respect of A and B schedule properties till the plaintiff is put in possession of his share of the said properties and for costs.
4. The brief averments in the plaint are as follows:
(a) One Tupili Latcha Reddy, who is the father of the plaintiff, married one Ramanamma and as he did not beget any children through her, he married one Vanajakshamma as his 2nd wife and begot two
A partition deed long acted upon by all parties through possession and alienation is binding and cannot be reopened by descendants, especially when the original parties to the partition accepted the ....
Ouster among co-sharers requires hostile animus, long exclusive possession known to other co-owner; mere possession insufficient.
The main legal point established in the judgment is the discretion of the appellate court to allow additional evidence in exceptional circumstances, as provided under Order 41 Rule 27 of the Civil Pr....
A claim for partition can prevail despite long possession by others if there is insufficient proof of ouster or adverse possession against a co-parcener. Limitation Act principles apply to claims acc....
Possession of one co-parcener is deemed possession of all; mere long possession does not establish adverse possession without evidence of ouster.
The presumption of joint family status in Hindu law requires clear evidence to establish prior partition; the Appellate Court allowed partition of one property acquired post-partition while dismissin....
The main legal point established in the judgment is the entitlement of the Plaintiffs to a 1/4th share in the joint family ancestral properties and the invalidity of the registered Will Deed.
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