Professional Documents
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AND
(1). The 1st defendant through his legally wedded wife vijaya Lakshmi was blessed
with four sons namely Lankieddy (a) Srinivasa Reddy( the 2nd defendant); (b) Seshi
Reddy(Husband of the 1st plaintiff and father of the plaintiffs 2 and 3); (C) Lakshma
Reddy (the 3rd defendant) and a daughter Tiyyagura Annapurna @ Usha (4th
defendant ) and all of them have constituted a Hindu Undivided Family and each of
them got equal shares in their family properties being coparceners, which are fully
described in the plaint schedules. The 1st plaintiff is the widow and the plaintiffs 2 and
3 are the sons of the said Seshi Reddy and the 5th defendant is the widow of the said
Lakshma Reddy and they have succeeded the entire estate and asset of the said Seshi
reddy and the said Lakshma Reddy as their surviving legal representatives.
(2). During the life time of the said Seshi Reddy, he and the defendants have
affected partial partition in respect of agricultural wet lands in Namburu. In that
partial partition an extent of Ac.5.56 1/2 cents of Dry (wet) land in D.No 102 and
another extent of Ac.0.30 cents of Dry(wet) in D.no.103 and thus in total extent of
Ac.5386-1/2 cents of land was allotted to the share of the said Seshi Reddy besides
Eastern portion of daba house and his name is entered in all revenue records and
Pattadar Pass Book / Revenue Title Deed Book bearing Parta No.1233 and Pass Book
/ Revenue Title Deed No. G-93588 were issued in the name of the Seshi Reddy. As
per the family arrangement made between the said Seshi Reddy and the defendants,
the remaining properties in and around Nambur, Pedavegi etc. and house sites, rice
mills businesses etc. which are described in the Plaint A-shedule be divided
subsequently.
(3) The said Hindu Undivided Family consisting of the 1st defendant, his above name
four sons and daughter is owning lands in an extent of Ac.40.00 cents at Namburu;
Ac14.00 cents at Vijayarai; Houses,cattle sheds, vacant sites in Namburu, rice mills
described in the plaint A-schedule and movable properties like lorries,tires shop,
finance and construction business,hard cash on hand by way of investment
approximately to a tune of is Rs.2.5 crores, agricultural implements, household
articles,silver and golden ornaments and utensils described in the Plaint B-shedule.in
the Plaint A and B-shedule properties,the said Seshi Reddy, Lakshma Reddy and the
defendants 1 to 4 being the coparceners of the said family got equal shares.
(4) On 22-02-1990 at Namburu, the marriage between the said Seshi Reddy and the
1st plaintiff was performed and the said marriage was consummated and in result the
plaintiffs 2 and 3 were born 28-06-1993 and 07-11-1996. The said Seshi Reddy and
the plaintiffs 2 and 3 have constituted a Hindu Undivided Family (Small) and as the
said Seshi Reddy in the joint family properties described in the plaint schedule. On
the intestate death of the said Seshi Reddy on 20-06-2004, his widow the 1st plaintiff
has 1/54th share and plaintiffs 2 and 3 each got 4/54 share in the said 1/6th share of the
said Seshi Reddy in the plaint schedule properties
(5) Before, at and after the marriage and also on all auspicious and festival
days, as per festival days, as per the demands of defendants.
(6) The plaintiffs and defendants are continued their Hindu Undivided Family and
enjoying the plaint schedule properties jointly under the managership / karthaship of
the 1st defendant till today. Even though, the plaintiffs have faced all sorts of ill-
treatment and harassment in the hands of the said Seshi Reddy, the said Vijaya
Lakshmi during their lifetimes and the defendants 1 to 4, have been patiently for
partition of the plaint schedule properties with a fond hope that on one day the plaint
schedule properties will be divided between the plaintiffs request the defendants for
partition of the plaint schedule properties, they used to tactfully postpone the same on
one pretext or the other promising that in course of time the palint schedule properties
including the above mentioned temporarily arranged properties will be divided
according to law.
(7) In fact, on 21-09-2008 itself the plaintiffs got issued a registered partition notice
to the defendants and others. But, having believed the promises and assurances of the
defendants for amicable partition, the plaintiffs did not take subsequent legal action in
pursuance of the said partition notice and continued as the members of the said Hindu
Undivided Family till today for all these years. The days are rolling, but no purpose
has been served except empty promises, the plaintiffs are under the protection of the
father of the 1st plaintiff, but the yield derived from the plaint schedule lands for all
these years are being shared in part among all the sharers and kept major portion of
the yield with defendants 1 to 4 on condition that it will be distributed according to
sharers at the time of actual final partition. The plaintiffs are cultivating a portion of
the plaint schedule wet lands which are mentioned above and which are allotted
temporarily to the said Seshi Reddy till today.
(8) The plaintiffs 2 and 3 have become majors and their marriages have to be
performed and so this is the timr for partition of the plaint schedule properties among
the plaintiffs and the defendants according to law. On the other hand, the defandants
with malafide intention of depriving the plaintiffs are said to have been entering and
entertaining some sham, nominal, collusive, mischievous, fictitious, speculative,
untenable, null and void documents and transactions in respect of whole or part of the
plaint A-shedule properties. Thus, the interest of the plaintiffs in the plaint schedule
properties is in jeopardy in the hands of the defendants.
(9) Under the above said circumstances, it is no more safe for the plaintiffs to keep
the plaintiffs to keep the plaint schedule properties joint in between them and the
defendants under the above stated circumstances. There are several sad and bad things
to be stated here about the illegal, immoral and high-handed acts and activities of the
defendants 1 to 4,but the plaintiffs are confined their pleadings only to the extent of
the partition of the plaint schedule properties. The better counsels and best mediations
of the plaintiffs for amicable partitions of the plaint schedule properties proved futile.
V. CAUSE OF ACTION : Cause of action for the suit arose on 28-06-1993 and 07-10-
1996 when the plaintiffs 2 and 3 are born 1st plaintiff through her legally wedded
husband Seshi Reddy, son of the 1st defendant and coparcener of Hindu Undivided
Family of the plaintiffs and the defendants; on 20-06-2004 when he said Seshi Reddy
died intestate leaving behind him the plaintiffs as his sole surviving legal
representative and when the plaintiffs have succeeded his share in the plaint schedule
properties; when the plaintiffs and the defendants are enjoying the plaint schedule
properties jointly and all of them are in constructive possession and enjoyment of the
plaint schedule properties; on such other dates when the plaintiffs demanded the
defendants for amicable partition and when they are not cooperating with the
plaintiffs proved futile and at nambur, Pedakakani Mandal where most of the plaint
schedule properties are situated all are within the jurisdiction of this honorable court.
VI. PARTICULARS OF VALUATION: (a) this being a suit for partition of the plaint
A and B schedule properties into fifty four equal shares and allot nine such shares to
the plaintiffs respectively which are in joint possession and enjoyment of the plaintiffs
and the defendants, the plaintiffs value their claim at Rs.4,19,60,900/- (Plaint A-
schedule properties) + Rs.18,00,000/- (Plaint B- schedule properties)
=Rs.4,37,60,900/- X 9/54 = Rs.72,93,483/-
On which a fixed court fee of Rs. /- is payable and is herewith paid under
Section 34(2) of Act VII of 1956 (A.P STATE ACT) as the Plaintiffs and the defendants
are in joint possession and enjoyment of the plaint schedule mentioned properties.
VII. Value for the purpose of jurisdiction relating to the Plaint A-schedule
immovable property is Rs.4,19160,900/- (Plaint A-schedule) X 9/54 =Rs.69,93,483/-
(Value of the share of the plaintiffs in the Plaint A-schedule) X ¾ = Rs.52,45,112.25
Ps.+Rs.18,00,000/- (Plaint B-schedule) X 9/54 =Rs. 3,00,000/- (Value of the share of
the plaintiffs in the plaint B-schedule movable properties) =Rs.55,451112.25 Ps.
Under section 50 of Act VII of 1956 (A.P STATE ACT).
VIII. Therefore, the plaintiffs pray that the Honourable court may be pleased to
pass a preliminary decree in their favor against the defendants
(a) For partition of the plaint A and B schedule mentioned properties into FIFTY
FOUR EQUAL SHARES according to metes and bounds, good and bad qualities,
convenience and inconvenience and allot (i) one such share to the 1st plaintiff; (b)
four share to the 2nd plaintiff and (c) four shares to the 3rd plaintiff and deliver
vacant possession of the properties fell to their respective shares out of the plaint
schedule properties without any hindrances or obstructions from anybody with
future manse profits;
(b) For costs of the suit; AND
(a) For such other and further appropriate orders, which are, deem fit and proper
under the circumstances of the case to meet the ends of justice.
(1)
(2)
(3)
(A. SANJEEVA REDDY/RAMA DEVI)
Advocate for the Plaintiffs PLAINTIFFS
We do hereby declare and state that the facts stated above are true and
correct to the best of our knowledge, belief and information.
(1)
(2)
(3)
PLACE: GUNTUR
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AND
(1) Lankirddy Veera Reddy
(2) Lankireddy Srinivasa Reddy
(3) Lankireddy Sudhakar Reddy
(4) Tiyyagura Annapurna @ Usha
(5) Lankireddy Lakshmi ……… DEFENDANTS
Between:
AND
East : Bazar
South : Land of Konda Chandra Reddy
West : Land of Bhimavarapu Sambi Reddy
North : Land of Konda Sambi Reddy
Approximate market of this item is Rs.7,00,000/- per acre X
Ac.3.74 cents = Rs.26,18,000 /-
ITEM NO.16: A two storied residential RCC building in plinth area of 2700 sq.
Ft. (Ground floor) + 900 Sq.Ft. (first floor) =3600 Sq.Ft and also Rekula house in
plinth area of 900 Sq.Ft. in an extenr of Ac.0.08 cents with compound wall
bearing House No.4-41 in D.no.448 of Namburu within the following
boundaries:-
ITEM NO.17: A Chavidi with RCC slab in plinth area of 1800 Sq.Ft. and a rekula
shed in a plinth area of 900 sq.Ft.in an extent of Ac.0.08 cents of with compound
wall bearing House No.3-43 in D.No 448 of Namburu within the following
boundaries:-
ITEM NO.18: A full fledged rice mill with constructions in a plinth area of 3500
Sq.Ft, machinery etc. in an extent of Ac.0.50 Cents bearing Door No.448 of
Namburu within the following boundaries:-
ITEM NO.19: An extent of Ac.7.00 Cents of land in R.S No. 55/2 of Vijayarai,
Pedavegi Mandal, Eluru, Pedavegi Sub District, East Godavari District within the
following boundaries :-
East : Donka
South : Land of Alla Rami Reddy
West : Land of Janjanam Narasimha Rao
North : Donka.
Approximate market of this item is Rs.5,00,000/- per acre X
Ac.7.00 cents = Rs.35,00,000/-
ITEM NO. 20: An extent of Ac.7.00 Cents of land in R.S. No.55/2 of Vijayrai,
Pedavegi Mandal, Eluru,Pedavegi Sub District, East Godavari District within the
following boundaries:-
East : Donka
South : Land of Chinthapudi Vasu
West : Land of Janjanam Narasimha Rao
North : Land of Lankireddy sambi Reddy
Approximate market of this item is Rs.5,00,000/- per acre X
Ac.7.00 cents = Rs.35,00,000/-
We,do here declare and state that the facts stated above are true and correct to the
best of our knowledge, belief and information.
(1)
(2)
(3)
PLACE :GUNTUR
DATE: -04-2015 PLAINRIFFS
(1)
(2)
(3)
PA
Advocate for the Plaintiffs PLAINTFFS
We,do here declare and state that the facts stated above are true and correct to the
best of our knowledge, belief and information.
(1)
(2)
(3)
PLACE: GUNTUR
DATE: 2015 PLAINTIFFS
(10)