K.N. NARAYANASWAMY Vs. K. NANJEGOWDA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the defendant No. 2 in OS No. 47/1990 on the file of the Principal Civil Judge (Jr. Dn.) and JMFC., Doddaballapur challenging the Judgment and Decree dated 26.07.2010 passed by the First Appellate Court (Additional District and Sessions Judge, FTC-VII, Doddaballapur) in RA No. 52/2006.

(2.) The parties shall henceforth be referred to as they were arrayed before the Trial Court.

(3.) The facts as stated that led to the filing of OS No. 47/1990 are that; the plaintiff and the defendant Nos. 2 to 6 were the children of the defendant No. 1. It is stated that the family of the plaintiff and the defendants were joint and that the suit properties were ancestral properties that were possessed by the defendant No. 1, he having derived it at a partition between he and his brother. Item No. 11 of the suit properties is stated to have been purchased in the name of the defendant No. 2 and out of the joint family funds. Thus, it was contended that the plaintiff is entitled to 1/7th share in the suit schedule properties, which he demanded from the defendants, but not complied. Thus, the plaintiff sought for declaration of his share.