KALLAPPA Vs. DODDAPPA

JUDGEMENT

(1.) This is a second appeal by the first defendant. Sri Doddappa, the plaintiff filed a suit for partition against his brother Sri Kallappa (defendant No.1) and his sister Smt. Kallawwa (defendant No.2).

(2.) It was his case that the suit properties were joint family properties and by virtue of being the son of Sri Shidleppa, he was entitled to 1/3rd share as a co- parcener. It was his case that since the suit properties were joint family properties his father Sri Shidleppa, his brother Sri Kallappa (defendant No.1) and himself were each entitled to 1/3rd share and since the entitlement was denied, he was constrained to file the suit seeking for partition.

(3.) The suit was contested by both, his brother and his sister Smt. Kallawwa. The plaintiff's brother Sri Kallappa took up a plea that apart from the house property, there was no other ancestral property and the agricultural property was a property acquired by him out of his own exertion and the plaintiff was not entitled to any share.