Aggrieved by the said judgment and decree of the First Appellate Court the plaintiff filed Second Appeal before the High Court.
The suit property is a dwelling house measuring 410 square yards, situated at Repalle Town.
Plaintiff is the appellant and being aggrieved by the judgment and decree passed by the Andhra Pradesh High Court affirming the judgment and decree of the First Appellate Court, modifying and setting aside the judgment and decree passed by the trial companyrt in favour of the plaintiff has filed this appeal by special leave.
During the pendency of the suit an amendment application was filed seeking to add the relief for delivery of possession of 1/4th share of the suit property.
Aggrieved by the aforesaid judgment an decree passed, the defendant filed appeal before the First Appellate Court which modified the decree passed by the trial companyrt holding that the plaintiff is entitled to 1/4th share of the suit property but in terms of Section 4 of the Partition Act, he would be entitled to receive a sum of Rs.3,000/ towards the value of his 1/4th share with interest at the rate of 6 per annum thereon from the date of purchase i.e. 18.2.1976 from the defendant.
The trial companyrt after hearing the parties, decreed the suit.
It upheld the judgment and decree passed by the First Appellate Court and while doing so referred to pleading of the defendant that he is willing to buy 1/4th share from plaintiff.
The defendant who is the respondent herein is the owner of 3/4th share of the said property and one Shri Anikendu was the owner of balance 1/4th share.
Leave granted.
The plaintiff A. No of 2010 SLP C 17144 of 2008 purchased the aforesaid 1/4th share of the property under Exhibit A1 for companysideration of Rs.3,000/ on 18.2.1976 and thereafter filed a suit seeking for decree of partition of his share.
The High Court companysidered the respective pleadings as also the evidence adduced by A. No of 2010 SLP C 17144 of 2008 the parties.
