K. PRADEEP Vs. JAYAMMA & ORS.

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the Judgment passed by the High Court of Karnataka at Bangalore in RFA No.488 of 2005 dated 03.12012, in and by which, the High Court has reversed the Judgment passed by the trial court and held that the plaintiff Jayamma and defendants 9 and 10 in the suit (Lakshmamma and Sharadamma), being the daughters of Ram Shetty, are together entitled to one-third share in the Schedule 'A' immovable property.

(3.) Priyadarshini, mother of the appellant, purchased the property by virtue of a Sale Deed dated 01.06.1989 from one Munivenkatamma and her two sons. Priyadarshini, out of love and affection, executed a Gift Deed dated 109.2004 in favour of her son, the appellant herein. One of the co-sharers namely, Jayamma, being the daughter of Ram Shetty, has filed Suit No. 4694 of 1986 claiming partition in the suit property. The trial court dismissed the suit by Judgment dated 18.10.2000, holding that the plaintiff Jayamma failed to prove the properties as the joint family properties.