S S BOPAIAH Vs. S S VASUDEVA

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff, against the judgment and decree dated 10.11.2006 of the District Judge, Kodagu- Madikeri in R.A.12/2002. By the said judgment/decree, the first appellate Court reversed the judgment and decree of the Trial Court, which had decreed the suit.

(2.) ONE Sirakaje Subraya, had 5 sons, who all constituted a joint Hindu Family, governed by Mithakshara School of Hindu Law and possessed immovable properties at Korangala and Cherangala villages of Madikeri Taluk, Kodagu District. The genealogical tree is as follows: <IMG>JUDGEMENT_821_AIRKARR3_2010Image1.jpg</IMG>

(3.) AGGRIEVED, the 1st defendant filed an appeal and reiterated the contentions raised in his written statement. That apart, it was contended that, the suit properties being Jamma lands, the suit is not maintainable and even otherwise, the appreciation of evidence by the learned Trial Judge is wholly erroneous.