KUMBALGUNTE GOWRAMMA Vs. KUMBALAGUNTE DODDA VEERANNA

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff against the judgment and decree passed by the Court of Prl. District Judge, Bellary in R. A. No. 67/89 dated 19th December 1994 allowing the said appeal and setting aside the judgment and decree passed by the Civil Judge, hospet, in O. S. No. 148/80 dated 27. 2. 1987, granting a decree for partition in favour of the plaintiff.

(2.) THE appellant plaintiff filed the suiting the trial Court seeking for the relief of partition and for separate possession of her half share in the plaint schedule properties alleging that she is the daughter of one Kumbalagunte Dodda Veeranna by his second wife, smt. Sanna Veeramma. The 2nd defendant-Halamma is her stepsister, being the daughter of the first wife Smt. Dodda Veeramma of her father, Kumbalagunte Dodda Veeranna. The 1st defendant is dodda Veeramma, who is the first wife of her father. She further alleged that the plaint 'b' and 'c' schedule properties are the ancestral properties belonging to herself and the defendants 1 and 2 and that she is entitled to 1/3 share in the said properties as legal heir of her father.

(3.) THE defendants filed their Written Statement contending that under a registered Gift Deed dated 1. 5. 1956, the plaint schedule item 1 to 4 and 8 and 12 have been gifted in favour of the 2nd defendants-Halamma by her father, Kumbalagunte Dodda Veeranna, who was the sole surviving coparcener and by virtue of the said gift-Deed, executed in her favour, the 2nd defendant became the absolute owner of the above items of the schedule properties. The defendants further contended that the 2nd defendant purchased the other items 5 to 7, 9 to 11 and 13 of the plaint schedule properties under the Various sale deeds, which are marked as Exs. D1 and d3 to D5 and they are her self acquired properties. The defendants, therefore, prayed for dismissal of the suit.