HUCHHEGOWDA Vs. BASAVEGOWDA

JUDGEMENT

(1.) This appeal is by the first defendant in O.S.249/2002 on the file of Senior Civil Judge, Channarayapatna. The first respondent was the plaintiff, now that he is dead, his legal representatives have been brought on record.

(2.) In all about 10 landed properties described in schedule 'A', a house property mentioned in schedule 'B' and an amount of Rs.56,869/- as shown in schedule 'C' to the plaint, the plaintiff claimed partition and separate possession of his 1/3rd share. One Marihuchha was the propositus, he had a son namely Sannabasavegowda. The plaintiff, the defendant and Kempegowda, the father of defendants 2 and 3 are the three sons of Sannabasavegowda. The plaintiff stated that all the plaint schedule properties belonged to the joint family having ancestral character. There was no partition of joint family properties. After the death of his father, Kempegowda became the manager of the joint family. The defendants 2 and 3 obtained katha of joint family properties in their names after the death of Kempegowda. They did not render accounts of the income and they offered some of the lands as security for obtaining loan although there was no necessity to raise loan. Therefore, he demanded for partition of all the properties by issuing a notice. His demand having gone in vain, he brought the suit.

(3.) The appellant/first defendant admitted the relationship and contended about past partition. Very specifically, with regard to item No.1 of 'A' schedule, he stated that it was his self acquisition as it was granted to him exclusively. As regards the compensation amount mentioned in plaint 'C' schedule, he stated that he alone was entitled to the compensation amount as the land acquired was a part of his self acquired property in item No.1 of the plaint 'A' schedule. He pleaded for dismissal of the suit.