G. SHIVANNA Vs. SMT. S. PARVATHAMMA AND OTHERS

JUDGEMENT

(1.) This is defendant's appeal arising from the judgment and decree dated 27-5-1997 delivered by Choudapurker Arun, XVIII Additional City Civil Judge, Bangalore, in Original Suit No. 232 of 1987 decreeing the plaintiffs claim for declaration to .the effect that the plaintiff has got ⅝th share in the suit property as well as for decree for partition and separate possession of plaintiffs ⅝th share in the suit property by meets and bounds.

(2.) The plaintiff/respondent filed the above suit for a declaration declaring that the plaintiff/respondent is the owner of ⅝th share in the suit property described in the schedule attached to the plaint and for partition and separate possession thereof.

(3.) The plaintiff though, in the plaint paragraph 2, appears to have mistakenly mentioned that the defendants 1 and 2 are the brothers son and daughter of plaintiffs father G.S. Shivarudrappa. The plaintiff/respondent claimed herself to be the daughter of Sri G.S. Shivarudrappa and asserted that the defendants 1 and 2 naively, G. Shivanna and Gowramma are the son and daughter of brother of late G.S. Shivarudrappa. But in paragraph 2 it has further been stated that the relationship of the parties are as set out in detail in genealogical table which is Annexure-A to the plaint with genealogical table and its as given in the plaint schedule reveals that G.S. Shivarudrappa had two sons and one daughter.