B PADMANABHA BHAT Vs. YOGEESHA SHETTIGAR

JUDGEMENT

(1.) THIS is a plaintiff"s appeal against the judgment and decree of the trial Court, granting her a decree for partition holding that she is entitled to 1/20th share in A, B and E Schedule properties and not 1/5th share in the suit properties as claimed by her.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) DEFENDANTS -1 to 4 after service of summons entered appearance and have filed a detailed written statement contesting the claim of the plaintiff. They admit the relationship. They admit the death of their father D.N. Vasanth Kumar on 31.12.1984 leaving behind the legal heirs as mentioned in the plaint. They have denied the allegation that the suit properties exclusively belong to D.N. Vasanth Kumar. They also deny the joint possession. Their specific case is that the suit properties belong to Hindu Undivided Family of which Late D.N. Vasanth Kumar was the Kartha and co -parcener and his two sons, defendant -3 and 4 are the other two co -parceners. The schedule properties are ancestral properties acquired by late D.K. Nabhirajaiah, the father of D.N. Vasanth Kumar along with other properties. In the family partition which is evidenced by a registered deed of partition dated 29.03.1967, late D.N. Vasanth Kumar received the schedule properties towards his branch of the Hindu Undivided Family. Subsequent to the death of Sri D.N. Vasanth Kumar intestate on 31.12.1984, his legal heirs, i.e., the plaintiff and the defendants -1 to 4 have succeeded to his 1/3rd share in the suit properties and the other 2/3rd share in the schedule properties belong to defendants -3 and 4, the other two co -parceners. Presently, the possession of the schedule properties are with the first defendant, the eldest in the family, but for the schedule "D" property which has been lost under the Land Reforms Act, 1961 to the tillers of the land. Therefore, they deny the claim of the plaintiff to be entitled to 1/5th share in the joint family properties, but are ready to give the plaintiff the 1/20 share, to which she is entitled to in law.