03. The plaintiff, Mukku Hymavathi, filed a suit for partition of A and B schedule property into two equal shares and to allot one such share to the plaintiff alleging that items 1 to 3 of plaint A schedule property and item 3 of plaint B schedule property was the joint family property, and item 1 and 2 of plaint B schedule property is the property of her father-in-law, wherein she claimed 1/6th share contending that the plaintiff, her husband - Sambasivarao and the husband of the first defendant - Vishnumurthy were managing the property. They divided their family property in 1944 except A and B schedule property. The movable property i.e., 30 sovereigns of gold, Bhoshanam and iron safe are described as items 1 to 3 of plaint A schedule property and Ac.0.50 cents of land, 1000 square yards of site in R.S. No.892 in Chintalapudi Village and Kottugadhi with vacant site of 100 square yards in Chintalapudi village are described as items 1 to 3 of plaint B schedule property. The third defendant is the son of plaintiff’s deceased daughter and the second defendant is another daughter of plaintiff. Item No.2 of the plaint B schedule was kept joint because it was being used for tethering cattle and hayrick, at the time of partition in 1944. The remaining items of plaint A and B schedule property was given to her mother-in-law (Satyavathamma) for her enjoyment during her life time, later to be shared by Sambasivarao and Vishnu Murthy or their legal heirs equally in terms of the Will, dated 21.03.1956 executed by the husband of Satyavatamma. Satyavatamma died on 05.09.1980. Consequently the plaintiff became entitled to half share in items 1 to 3 of A schedule property and item 3 of plaint B schedule property and 1/6th share in items 1 and 2 of B schedule property.
