LAKSHMAMMA Vs. KAMALAMMA

JUDGEMENT

(1.) THIS appeal is filed against the Judgment and decree dated 11-1-1993 passed by the learned IX Addl. City Civil Judge, Bangalore City, in O. S. No. 1138/85, wherein the suit of the plaintiff for partition and separate possession came to be dismissed. Being aggrieved, this appeal is filed.

(2.) THE facts leading to this appeal are stated thus :the plaintiff claimed to be the daughter of one late Mallappa, born through one Nanjamma the first wife of late Mallappa. The first defendant is said to be the second wife of late Mallappa. Out of the wedlock with the first defendant, Mallappa did not have any issues. The second defendant is the sister of the plaintiff. Mallappa died on 21-1-1985. Defendants 3 to 10 are the tenants in the property beloning to the deceased Mallappa. The plaintiff claiming to be the daughter of late Sri. Mallappa, filed the suit claiming 1/3rd share in the suit schedule properties. The first defendant has seriously contested the suit in the written statement, denied the relationship of the plaintiff and the second defendant as the daughters of Late Mallappa. It is also contended that,the immovable properties shown in the plaint schedule at Serial Nos. 1, 2, 4, 5, 7 and 8 are the self acquired properties of the first defendant, as such, the plaintiff is not entitled to any share.

(3.) THE trial Court on the facts and disputed contentions, formulated the following issues for consideration :