IMPORTANT POINT
A bona fide purchaser is one, who pays valid sale consideration and not a person who gets sale deed registered in his favour without payment of sale consideration.

JUDGMENT

Heard Sri Manda Adam, learned counsel for the appellant, Sri S. Venkateswarlu, learned counsel for respondent No.1 and Sri D. Kaval Kumar, learned counsel for respondent Nos.4 to 35. Perused the entire record.

2. This is an appeal preferred by appellant/defendant No.2 aggrieved by the judgment and decree dated 20.08.2018 passed by the Special Judge for SC/ST (POA) Act-cum-V Additional District and Sessions Judge, Sangareddy (‘trial Court’), in O.S.No.53 of 2013, wherein the suit filed for partition was preliminarily decreed by partitioning the suit schedule property that is item No.2 of suit schedule A property and schedule B properties into three equal shares and allotting the same to plaintiff/respondent No.1, defendant Nos.1 and 3/respondent Nos.2 and 3 and by partitioning the item No.1 of the suit schedule A property into two equal shares among the plaintiff/respondent No.1 and defendant No.1/respondent No.2.

3. The appellant herein is defendant No.2, respondent No.1 herein is plaintiff, respondent No.2 herein is defendant No.1 and respondent No.3 herein is defendant No.3 before the trial Court. Respondent Nos.4 to 35 are subsequent purchasers, who got impleaded in the present appeal. The parties are referred as they are referred by the trial Court in O.S.No.53 of2013.

Brief facts of the case:

4. It is the case of the plaintiff that herself and defendant No.1 are joint and absolute owners of the agricultural land to an extent of Ac.4-02 guntas (item No.1 of suit schedule A property) in Sy.No.232 and Ac.2-01 guntas (item No.2 of suit schedule A property) in Sy. No.237 situated at Indresham Village, Patancheru Mandal, Medak District and residential house bearing No.4-219 admeasuring 155 sq. yards (wherein house is constructed in 60 sq. yards) situated in Patancheru town and mandal, Medak District. The father of the plaintiff and defendant No.1 one Mukthala Narayana and his brother Mallaiah were the joint absolute owners and possessors of agricultural land admeasuring Ac.8-04 guntas in Sy.No. 232and Ac.4-24 guntas in Sy.No.220 of Indresham Village, Patancheru Mandal, Medak District. The said properties were originally owned by Laxmaiah and upon his death devolved on one Gagamma. Mukthala Narayana and Mallaiah were sons of said Gangamma. After death of said Gangamma, there was partition among Narayana and Mallaiah and each of them got ½ share. The father of plaintiff and defendant No.1 Narayana got land to an extent of Ac.4-02 guntas in Sy.No.232 and Ac.2-12 guntas in Sy.No.220 situated at Indresham Village, Patancheru Mandal, Medak District and suit schedule B property/residential house. Said Narayana died intestate and therefore, the property devolved on the plaintiff and defendant No.1. As the legal heirs both of them enjoyed the properties without partition. The name of defendant No.1 was entered into revenue records as he was male member as well as elder member among both of them. Plaintiff and defendant No.1 have jointly sold land admeasuring Ac.2-12 guntas in Sy.No.220 to M/s. PKL Limited vide registered sale deed document bearing No.3750/1998, dated 22.10.1998 and with the sale proceeds purchased land to an extent of Ac.2-01 guntas in Sy.No.237 of the same village as the said land was abutting to road. The agricultural land to an extent of Ac.2-01 guntas in Sy.No.237 was purchased vide registered sale deed document bearing No.3748/1998 on 22.10.1998 from one Rachamalla Venkaiah @ Venka Goud and the said land was registered in the name of defendant No.1, as he was the elder male member of the family.

5. According to the plaintiff, herself and defendant No.1 enjoyed the fruits of the suit schedule properties upto the year 2015 and after that defendant No.1 got addicted to bad wises and started leading life luxuriously. Defendant No.1 stopped showing accounts in spite of demands from plaintiff. In the circumstances, plaintiff demanded for partition and separate possession of the suit schedule properties on 02.02.