K. IMMANNA Vs. S. NEMOJI RAO

JUDGEMENT

(1.) The plaintiff in O.S.219/1987 on the file of Principal Civil Judge (Senior Division), Shivamogga, has preferred this appeal. He brought a suit for re-opening of the partition dated 19.5.1955 and claimed 1/6th share in the properties described in schedule A to the plaint except items No. 2 and 3, and another 1 acre 16 guntas of land in item No. 18; for directing the defendants to pay to him Rs.31,000/- being the value of his 1/6th share in the proceeds of sale of properties described in schedule B and for enquiry into mesne profits.

(2.) The pedigree filed by the plaintiff shows that one Imanna was the common ancestor and his wife was Nagu Bai. They had three sons namely Keroji Rao (deceased), Nemoji Rao, i.e., defendant No.1 and K.Kaloji Rao, defendant No.15. Plaintiff is the son of K.Kaloji Rao. Defendant No.14 Laxmi Rao is the third wife of Keroji Rao. Defendants 7 to 13 are the children of Keroji Rao. Defendants 2 to 6 and 16 and 17 are the children of Nemoji Rao.

(3.) The plaintiff stated that on 19.5.1955 there took place a family partition according to which his senior uncle Keroji Rao was allotted plaint schedule item No.1, Shankar Rao, i.e., defendant No.7 and son of Keroji Rao was allotted plaint schedule items 2 to 5, the first defendant Nemoji Rao was allotted items 16 to 19 and K.Kaloji Rao, i.e., plaintiffs father was allotted item No.20. The wife of the propositus, i.e., Nagu Bai was allotted items 6 to 10. The seventh defendant Shankar Rao was still a minor at the time of partition. Since the value of the properties given to the first defendant was more than the values of the shares of other parties, the first defendant was assigned with a debt of Rs.6,500/-.