MALLKARJUNAGOUDA Vs. SANGAPPA

JUDGEMENT

(1.) Sangappa, Yallawwa and Renawwa, the three children of Basappa (Defendant No.2) filed a suit for partition. This suit was filed against their father, Basappa and his elder brother Irappa and also their aunts, Neelawwa, Shantawwa (Defendant Nos.4 and 5).

(2.) The case of the plaintiffs was that the suit properties were their co-parcenary properties and they had acquired a right by birth in the said properties. It was their case that the property had continued to remain joint and they were entitled to a share and since the same was refused, they were constrained to file a suit.

(3.) The defendant No.1 i.e. their uncle Irappa did not contest the proceedings. Their father, Basappa, filed a written statement and denied the entire plaint averments. He contended that his wife Basavva was a very adamant lady who had made his life difficult and she had demanded for partition of the suit property but his brother had refused the same. He stated that the plaintiffs had been set up by his wife and they were not entitled for any relief.