Case: Chikkam Koreswara Rao Vs. Chikkam Subba Rao &amp; Others

2. The suit is for partition in a family governed by Mitakshara law. The appellant and Respondent Nos. 1 and 2 are brothers. Their father was one Reddinaidu. The father and the three sons constituted a joint Hindu family. The father died in about the year 1937. The appellant was the eldest son. The suit from which this appeal arises was brought by the 1st respondent claiming a 1/3rd share in the properties detailed in theSome of the properties included in theare admittedly joint family properties. About them there is no dispute. But the appellant claimed that the properties covered by Exhs.are his separate properties and as such his brothers cannot claim any share therein. The Trial Court accepted his contention and granted a decree for partition only in respect of properties other than those covered by those documents. The High Court affirmed the decree of the Trial Court in respect of properties covered by Exhs.but as regards the properties covered by Exh.relying on certain alleged admission by the appellant, it held that they were joint family properties. At this stage it would be appropriate to quote the observations of the high Court relating to the properties covered by Exh.remains only the question of Exh.4. Exh.covers an area of Ac.cents. As already noticed, the sale deed is in the name of the 1st defendant. According to the sale deed, the vendee is directed to discharge the debt due to China Rayappagaru, son of Nimmakayala Subbarao due under the pronote of5. The endorsement Exh.would show that a sum of Rs. 3,had been paid to Nimmakayala China Rajappa and the 1st defendant was given a voucher. The sale consideration of Exh.34 was thus paid by the 1st defendant. If the matter ended here, there could have been no difficulty in holding that property covered by Exh.ion of 1st defendant. But the 1st defendant himself in his deposition at p. 75 of the printed book says thus :Under Exh.consideration was paid by my father. I do not know how he got it.This admission of the defendant that the money was paid by the father is fatal to his case, specially when he says that he does not know how his father got the money. He does not say that this money was in any way connected with his dowry amount."

Court's reasoning:
5. We shall now proceed to consider the true effect of the statement made by the appellant. In hishe specifically stated :"The lands purchased in may name under Exhs.are my own property. Since then I have been paying taxes on them under Exhs.and 60 receipt books. The lease deeds for those lands are Exs.to 66 besides Exhs.15, 17 to 20."6. From this statement, it is clear that he had put forward a positive case that the lands in question are his separate properties. In the course of hisit was elicited from him :"Under Exh.the consideration was paid by my father. I do not know how he got it."7. This admission must be read along with the evidence given by him in hisSoon after he made that statement, he also stated :"From the time I took the sale deed Exh.I was paying taxes. I filed those tax receipts in a separate book for my personal properties. My father was paying taxes on family lands, " separate from my lands."8. If we read these statements along with his other evidence and in a harmonious manner, it is clear that what the appellant admitted was that the acquisition in question was made by his father on hid behalf and the consideration for the same was paid by his father from out of the appellants private funds that were in the hands of his father. Hence we are unable to agree with the high Court that the appellant had admitted that the properties covered by Exh.were the acquisitions of his father.9. There is no basis whatsoever for distinguishing the acquisitions under Exhs.6. They all stand on the same footing. The respondents have not challenged the finding of the Trial Court and the High Court as regards the acquisitions under Exhs.