MARABASAPPA Vs. NINGAPPA

JUDGEMENT

(1.) This appeal is directed against the judgment and Order of the High Court of Karnataka at Bangalore, dated 30th March 1999 in R.F.A. No. 385 of 1993, R.F.A. No. 258 (sic.) of 1994 and R.F.A. No. 775 of 1995 (sic.), wherein the High Court has modified the Decree of the Trial Court and has held that the properties described in A Schedule to the suit are joint family properties and the parties to the suit are entitled for 1/3rd share in those properties. The other observations and directions of the Court is not relevant for the purpose of this appeal.

(2.) The question that is contested by the parties and has fallen for our consideration is whether the properties in dispute are the personal acquisitions of Parwatevva, or, as held by the High Court, a part of the joint family property.

(3.) The factual matrix in brief is as follows: