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.

JUDGMENT :

B.R.MADHUSUDHAN RAO, J.

1. This Memorandum of Civil Appeal is filed under Section 96 of Civil Procedure Code, 1908, assailing the judgment and decree passed by the II Additional District Judge, Ranga Reddy District at L. B.Nagar, Hyderabad, in OS.No.1226 of 2013, dated 18.11.2019.

2. Appellants are defendant Nos.1 and 2. Respondent No.1 is the sole plaintiff in OS.No.1226 of 2013.

3. During pendency of the Appeal, respondent No.1 died and her LRs are brought on record as respondent Nos.2 and 3. Respondent No.2 is the GPA holder of respondent No.1 at the time of filing the suit.

4.1. Respondent No.1-plaintiff through her GPA holder Smt. P.Manjula has filed suit for declaration, partition, separate possession and for perpetual injunction under Order 7 Rule 1 r/w Section 26 of CPC with a prayer to pass a judgment and decree declaring the gift settlement deed, dated 17.12.2012 vide document No.6959 executed by defendant No.1 (appellant No.1 herein) in favour of defendant No.2 (appellant No.2 herein) as null and void, to pass a decree for partition by allotting half share to the plaintiff (respondent No.1 herein) and to grant perpetual injunction restraining the defendants (appellants herein) and their henchmen from alienating/transferring or creating any charge over the suit schedule property.

4.2. The schedule of the property is as under:

“All that the House bearing No.7-14(old), 13-7-14 (New) on Plot No.H consisting of three floors (ground + 1^st & 2^nd Floors), Ward No.13, Block No.7, Road No.1, admeasuring 355 Sq. Yards or its equivalent to 296.81 Sq.Mtrs. having its plinth area 1050.00 Sq.Feet on ground Floor, 1050.00 on 1^st Floor and 400 Sft. on 2^nd Floor, total plinth area 2,500.00 Sq.Feet, situated in Survey No.7, Madhurapuri colony, behind Konark Theatre, Dilsukhnagar, Gaddiannaram Village, Saroornagar Revenue Mandal & S.R.O, Ranga Reddy District”.

5.1. It is stated in the plaint that respondent No.1-plaintiff and appellant No.1-defendant No.1 are wife and husband, they are blessed with two daughters namely Manjula-GPA holder and Jayasree who are married and that respondent No.1-plaintiff worked in State Audit Department, Hyderabad, retired as Audit Officer. Appellant No.1-defendant No.1 worked in the same Department and retired as Deputy Director. During their service they have jointly purchased House Plot No.H admeasuring 355 square yards, situated in survey No.7, Madurapuri Colony, Dilsukhnagar, Gaddiannaram Village under a registered sale deed and with the joint funds constructed ground + two Floors which was assigned as door No.7-14 (old), 13-7-14 (new). Respondent No.1-plaintiff has obtained loan from her Department and also spent her entire salary for construction of the said house and for the maintenance, education and welfare of her two daughters and also spent amounts to perform her daughter's marriage. Respondent No.1-plaintiff gave Rs.2 Lakhs to appellant No.1-defendant No.1 for purchasing agricultural land and she learnt that her husband has purchased Acs.05-00 guntas at Ganpur Village, Peddavura Mandal, Nalgonda District. The suit property is let out to the tenants which is fetching an amount of Rs.40,000/- per month and that the appellant No.1- defendant No.1 is collecting the same.

5.2. Appellant No.1-Defendant No.1 developed illegal intimacy with Swarajya Lakshmi who is her younger sister and through her they gave birth to illegitimate children i.e., one son and one daughter. Son is shown as defendant No.2 in the suit (appellant No.2 herein). Appellant No.1-defendant No.1 has ill- treated respondent No.1-plaintiff and her two daughters after her retirement. Respondent No.1-plaintiff has demanded appellant No.1-defendant No.1 to partition the suit properties on 16.05.2012 and on 26.09.2012 to divide the same in two equal shares. As the appellant No.1-defendant No.1 neglected respondent No.1-plaintiff she lodged a complaint before A.P. Sta