smt. K. Aseervadam paul

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IN THE COURT OF JUNIOR CIVIL JUDGE-CUM-A.J.F.C. MAGISTRATE:: ALAMURU

Present: Smt. R. Aseervadam Paul,

Addl.J.C.J.-Cum-A.J.F.C. Magistrate, Ramachandrapuram (FAC) J.C.J.-Cum-J.F.C. Magistrate, Alamuru

Tuesday, this the 15th day of March, 2022

O.S.No. 69 OF 2021

Between

Katta Laithamba, W/o (Late) Govinda Raju, Hindu, A/40 years, House wife, D.No.13-14, Church Road, Duvva Village of Tanuku Mnadal of W.G.Dt.… Plaintif

And

1.Katta Lakhsmikantham, W/o (Late) Meera Saheb, Hindu, A/78 years, House Wife, R/o D.No.13-66, Peketi Pakalu, H/o Tapheswaram, Mandapeta Mandal.

2.Katta Satynarayana, S/o (Late) Meera Saheb, Hindu, A/60 years, R/o D.No.13-66, Peketi Pakalu, H/o Tapheswaram, Mandapeta Mandal.

3.Katta Narasimha Murthy, S/o (Late) Meera Saheb, Hindu, A/58 years, R/o D.No.13-66, Peketi Pakalu, H/o Tapheswaram, Mandapeta Mandal.

4.Katta Venakata Rao, S/o (Late) Meera Saheb, Hindu, A/56 years, R/o D.No.13-66, Peketi Pakalu, H/o Tapheswaram, Mandapeta Mandal. …Defendants

This suit is coming on 08.03.2022 before me for Plaintif’s evidence in the presence of Binkam Ravi Kumar, Advocate for the plaintif and the defendants having been called absent and set exparte and having been stood over till this day for consideration, this court delivered the following:

:: J U D G M E N T ::

1.This suit is filed by the plaintif seeking for preliminary decree for partition of plaint schedule property into five equal shares and for allotment of one such share to the plaintif by meets and bounds with mesne profits in proportionate to the share of the plaintif from the date of filing of plaint till the possession of the schedule property. Plaintif is entitled for one share and put her in separate possession of the same.

2.BRIEF AVERMENTS IN THE PLAINT:-

The plaint schedule agricultural land originally belonged to one Late. Katta Meera

Saheb and he purchased the same by way of a Registered Sale Deed dated 16.09.1981 bearing Document No.2468/1981 of S.R.O.Mandapeta of E.G.Dt., and he died intestate long 2 ago and he was survived by his wife Katta Lakshmikantham (1st Defendant herein), his four sons i.e., defendants 2 to 4 and Katta Govinda Raju (this Katta Govinda Raju died intestate on 27.11.2004 and the plaintif herein is his wife and they were not blessed with any children). The parties to the suit are Hindu and as such governed by the Hindu Succession

Act, 1956 and the Genealogy of the parties is shown in below. Except the parties to the suit there no other legal heirs to the estate of the deceased katta Meera Saheb who died intestate long ago. The Plaintif being wife of Late. Katta Govinda Raju is having undivided 1/5th share in the plaint schedule agricultural land which was devolved upon her after the intestate death of her husband K.Govinda Raju on 27.11.2004 and since then the plaintif has been in joint and constructive possession and enjoyment of her undivided 1/5th share.

Recently the plaintif came to know that all the defendants are contemplating to alienate the plaint schedule agricultural land ignoring the undivided 1/5th share of plaintif in the plaint schedule agricultural land. As the defendants are acting adverse to the interests of plaintif in the plaint schedule agricultural land and to safeguard her interest in the plaint schedule agricultural land the plaintif thought it better to get her 1/5th share separated by metes and bounds and to have separate possession and enjoyment of such 1/5th share. In such circumstances on 12.01.2021, the plaintif got issued legal notice to all the defendants through her counsel demanding the defendants to come for partition of the partition of plaint schedule agricultural land with metes and bounds within one week of receipt of the said notice and to get the same registered by bearing proportionate expenses. The 1st defendant received the said notice on 16.02.2021 and the defendants 2, 3 and 4 received the said notice on 13.02.2021 and there is no response from them. Hence, the suit.

3.The defendants 1 to 4 appeared before this court but failed to file their written statement. Statutory period for filing written statement is completed. Hence, the defendants 1 to 4 set exparte on 22.02.2022

4.Plaintif to substantiate her case, plaintif herself examined as P.W.1 and Exs.A1 to A7 are marked. Ex.A1 is Certified copy of Registered Sale Deed dated 16.09.1981 bearing

Document No.2468/1981 of S.R.O. Mandapeta Standing in the name of Katta Meera Saheb for the suit schedule agricultural land. Ex.A2 is Office Copy of notice dated 12.01.2021 got issued by me to the defendants demanding them for partition of suit schedule land. Ex.A3 3 is Original acknowledgment from the 1st defendant dated 16.01.2021. Ex.A4 is Original acknowledgment from the 2nd defendant dated 13.01.2021. Ex.A5 is Original acknowledgment from the 3rd defendant dated 13.01.2021. Ex.A6 is Original acknowledgment from the 4th defendant dated 13.01.2021. Ex.A7 is Original Death

Certificate of Katta Govindarajulu issued by the Office of Grama Panchayat of Tapeswaram,

dated 22.03.2016.

5.Heard on both sides. Perused the material on record.

6.Now, the points for the determination are:-

1. Whether the plaintiff is entitled for Preliminary Decree as prayed for ?

2. To What relief ?

7.Point No-1:-

(i)It is the case of the plaintif that The Plaintif being wife of Late. Katta Govinda Raju is having undivided 1/5th share in the plaint schedule agricultural land which was devolved upon her after the intestate death of her husband K.Govinda Raju on 27.11.2004 and since then the plaintif has been in joint and constructive possession and enjoyment of her undivided 1/5th share. Recently the plaintif came to know that all the defendants are contemplating to alienate the plaint schedule agricultural land ignoring the undivided 1/5th share of plaintif in the plaint schedule agricultural land. As the defendants are acting adverse to the interests of plaintif in the plaint schedule agricultural land and to safeguard her interest in the plaint schedule agricultural land the plaintif thought it better to get her 1/5th share separated by metes and bounds and to have separate possession and enjoyment of such 1/5th share.

(ii) To prove the pleadings of the plaintif got examined herself as P.W1. She filed her chief- examination affidavit reiterating the plaint pleadings stating that, the suit schedule property was purchased by father in law of plaintif and fatther of defendants 2 to 4. since the death their father, plaintif and defendants 1 to 4 are in joint possession and enjoyment suit schedule property. She further state that, defendants failed to co-operate for partition.

Thus, P.W'.1 reinforced the plaint pleadings. The burden is on the plaintif to prove her case.

Apart from the oral testimony of P.W.1, Ex.A1 is Certified copy of Registered Sale Deed

dated 16.09.1981 bearing Document No.2468/1981 of S.R.O. Mandapeta Standing in the

4 name of Katta Meera Saheb for the suit schedule agricultural land. Ex.A2 is Office Copy of notice dated 12.01.2021 got issued by me to the defendants demanding them for partition of suit schedule land. Ex.A3 is Original acknowledgment from the 1st defendant dated 16.01.2021. Ex.A4 is Original acknowledgment from the 2nd defendant dated 13.01.2021.

Ex.A5 is Original acknowledgment from the 3rd defendant dated 13.01.2021. Ex.A6 is

Original acknowledgment from the 4th defendant dated 13.01.2021. Ex.A7 is Original Death

Certificate of Katta Govindarajulu issued by the Office of Grama Panchayat of Tapeswaram,

dated 22.03.2016. As there is no contra evidence on record, to disprove the testimony of

P.W.1, her testimony becomes unchallenged testimony. Further, Ex.A1 discloses that the suit schedule property was purchased by the father in law of plaintif and father of defendants 2 to 4. Hence, by relying on the uncontroverted testimony of P.W’.1 with Ex.A1 to A7 this court holds that, plaintifs are entitled for the relief of partition as prayed for.

Accordingly, Point No-1 is determined in favour of the plaintiff and against the defendants.

8.POINT No.2: In view of findings in Points No.1, the plaint schedule property liable to partition into five equal shares and for allotment of one such share to the plaintif by meets and bounds.

9.RESULT:- In the result, the suit is preliminarily decreed with costs in favour of the plaintif and against the defendants. Granting the relief of the partition of suit schedule property into five equal shares by meets and bounds with mesne profits in proportionate to the share of the plaintif from the date of filing of plaint till the possession of the schedule property. Plaintif is entitled for one share and put her in separate possession of the same.

Dictated to the Stenographer, transcribed by her, corrected and pronounced by me in

the open Court on this the 15th day of March, 2022.

ADDL. JUNIOR CIVIL JUDGE,

RAMACHANDRAPURAM,

(FAC) JUNIOR CIVIL JUDGE,

ALAMURU.

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APPENDIX OF EVIDENCE

WITNESSES EXAMINED

ON BEHALF OF PLAINTIFF:

PW.1:- Katta Lalithamba

ON BEHALF OF DEFENDANT: NIL

EXHIBITS MARKED

ON BEHALF OF PLAINTIFF :

Ex.A1 is Certified copy of Registered Sale Deed dated 16.09.1981 bearing Document

No.2468/1981 of S.R.O. Mandapeta Standing in the name of Katta Meera Saheb for the suit schedule agricultural land.

Ex.A2 is Office Copy of notice dated 12.01.2021 got issued by me to the defendants demanding them for partition of suit schedule land.

Ex.A3 is Original acknowledgment from the 1st defendant dated 16.01.2021

Ex.A4 is Original acknowledgment from the 2nd defendant dated 13.01.2021.

Ex.A5 is Original acknowledgment from the 3rd defendant dated 13.01.2021.

Ex.A6 is Original acknowledgment from the 4th defendant dated 13.01.2021.

Ex.A7 is Original Death Certificate of Katta Govindarajulu issued by the Office of Grama Panchayat of Tapeswaram, dated 22.03.2016.

ON BEHALF OF DEFENDANT: NIL

ADDL. JUNIOR CIVIL JUDGE,

RAMACHANDRAPURAM,

(FAC) JUNIOR CIVIL JUDGE,

ALAMURU.