they contended that the property of venkata konda reddy had devolved by survivorship on their father bala konda and after the death of bala konda his sons defendants 1 to 5 and butchi tirupati took it by survivorship that the will executed by venkata konda reddy was number valid because it attempted to devise property which belonged to the joint family that in any event the property devised under that will had been blended with the joint family estate and had been treated as of the joint family and on that footing were included in the partition deed dated august 12 1948 and that certain lands items number.
some and number all the joint family property for the purpose of partition appeared also to be an attempt to create evidence that the property set out in the deed was the only estate of the joint family.
appeal from the judgment and decree dated october 21 1955 of the former andhra high companyrt in a. s. number 64 of 1951.
civil appellate jurisdiction civil appeal number 251 of 1961.
defendants 2 3 and 4 denied that the two plaintiffs were driven away from the joint family house as alleged by lakshmama and submitted that it would be highly prejudicial to the interests of pulla reddy to have his share separated from the joint family estate.
the judgment of the companyrt was delivered by shah j. this appeal with certificate granted by the high court of andhra pradesh is against the decree in appeal number 64 of 1951 modifying the decree in suit number 111 of 1949 of the file of the subordinate judge guddapah.
the first defendant substantially admitted the claim of the plaintiffs to a share in the properties in suit.
a 3 on august 12 1948 in which the minumber pulla reddy was represented by the fourth defendant.
k. b. naidu for the respondent.
by this deed certain properties were allotted to the share of the first defendant pedda venkata but the deed was silent about the dissolution of the joint family qua other members of the family and about allotment of shares to those members.
march 4.
after the death of butchi tirupati defendants 1 2 3 and 4 purported to partition the estate in their possession and executed a deed of partition ext.
thereafter lakshmama instituted the suit out of which this appeal has arisen on behalf of herself and as next friend of her minumber son for a decree for partition of their share in the estate of the joint family and the property devised under the will of venkata konda reddy alleging that defendants 2 3 and 4 declined to give to the minumber pulla reddy his share in the estate and drove her and the minumber away from the family house and that with a view to prejudice the right of the minumber in the property they had brought into existence a deed of partition which did number disclose the entire estate of the joint family.
ranganandham chetty a. veda valli and v. rangam for the appellants.
