N SADASIVA Vs. PURUSHOTHAMA

JUDGEMENT

(1.) This appeal by the first defendant in OS No. 5762 of 2000, on the file of First Additional City Civil and Sessions Judge, Bangalore, deserves to be allowed, as it is fully covered not only by the decision of a Division Bench of this Court in the case of Patel Chandrappa v. Hanumanthappa,1989 ILR(SC) 2384 but also the ratio laid down by Supreme Court in the case of Jinia Keotin v. Kumar Sitaram Manjhi, 2003 1 SCC 730. We say so for the following reasons.

(2.) Plaintiffs claim to be children of first defendant [appellant herein] - N. Sadashiva - through his second wife Smt. P. Rajamma, filed the suit seeking for partition and separate possession of the suit schedule properties comprised of one item of immovable property and two items of movables.

(3.) Unfortunately for the plaintiffs, their father - first defendant - contested the suit, denying to the extent of the so-called the marriage with the mother of plaintiffs with him and also disputed the entitlement of plaintiffs for claiming any share in the suit schedule properties.