M. G. PRIYADARSINI
Gajjala Ramesh – Appellant
Versus
G. Venkatesh – Respondent
JUDGMENT :
M.G. Priyadarsini, J.
Aggrieved by the judgment and decree dated 17.12.2019 in O.S.No.1358 of 2013 (hereinafter will be referred as ‘impugned judgment’) passed by the learned III Additional District Judge, Ranga Reddy District at L.B.Nagar (hereinafter will be referred as ‘trial Court’), the defendant No.3 preferred the present appeal to set aside the impugned judgment.
2. For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the trial Court.
3. The brief facts of the case, which necessitated the appellant to file the present appeal are that, the plaintiff Nos.1 and 2 filed suit for partition and rendition of rent accounts in respect of suit schedule properties against the defendant Nos.1 to 3. The averments of the plaint in brief are as under :
Hamazabi and others v. Syed Kareemuddin and others
Nannapaneni Subbayya Chowdary and another v. Garikapati Veeraya and another
Gomathinaraygam Pillai and others v. Palaniswami Nadar
Govind Prasad Chaturvedi v. Hari Dutt Shastri and another
Samineni Venkateswarlu and another v. Nagubandi Venkata Narasaiah (died) and other
S. Indira and another v. Netyam Venkataramana and others
G. Ramanamma v. P. Chiranjeevi Rao
D. Suryanarayana and another v. I. Suryakanthamma and another
Movva Tirupathaiah and others v. Movva Sivaji Rao and others
Mahadeva and others v. Thana Bai
The court established that joint contributions to property construction entitle all contributors to claim shares, regardless of prior agreements.
Partition Suit – At the time of passing of preliminary decree declaring rights of several parties interested in property, Court may give such further directions as may be required.
Bona fide purchasers must act in good faith and with reasonable inquiry to gain protection under ownership claims; mere ignorance of actual ownership is not sufficient.
The plaintiff failed to prove joint ownership of the property or contribution to its acquisition, affirming that self-acquired property cannot be claimed as joint without evidence.
Daughters have equal rights as sons in ancestral property under the Hindu Succession Act, 2005, regardless of prior claims of partition.
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