Indian Kanoon - Search engine for Indian Law

This appeal is filed against Judgment and Decree dated 28th October, 1996, passed in Original Suit No. 90 of 1988 by the Subordinate Judge, Narsapur.

The plaintiffs in the lower Court are the children of one P.Elisha Rao. The claim of the plaintiffs before the lower Court is about the property belonging to one Elisha Rao which was sold to defendant No.1. The plaintiffs' claim is that this sale effected by defendant No.2 for himself, 2nd plaintiff, defendant No.3 and 4 is not binding on them. Therefore, they have filed a suit claiming the relief of a partition/division of the property into five equal shares and for allotment of two shares to the plaintiffs, directing the defendants to render a true and correct account of the income; to grant future profits etc. The plaintiffs' case is that while they were both living in Kuwait the suit schedule land is leased out to the husband of defendant No.1. As the husband of defendant No.1 was not rendering the correct accounts, a legal notice dated 05.05.1988 was issued, to which a reply notice was given on 16.06.1988. Then the plaintiffs realized that there was a sale of the property. Hence, the suit is filed for the reliefs mentioned above.