VINAYA B. SHETTY Vs. UMAVATHI SHETTY

JUDGEMENT

(1.) The dispute in this appeal is confined to the rejection of the claim of the plaintiffs for partition and division of 'B' schedule properties comprised of the following items namely,

(2.) For the sake of convenience, the parties shall be referred to in this judgment in the same ranking as in the original suit.

(3.) Appellants herein as plaintiffs before the Trial Court, sought partition of the plaint 'A' and 'B' schedule properties on the specific pleading that the 'A' schedule and 'B' schedule properties were the chalageni properties of late Somayya Shetty. The said Somayya Shetty had four children by name Bhaskara Shetty - husband of plaintiff No.1 and father of plaintiff Nos.2 to 5; Jalaja Shetty - mother of defendant Nos.1 to 3; Lalitha (defendant No.4) and Sumathi (defendant No.5). In respect of 'A' schedule properties, late Somayya Shetty was granted occupancy rights by orders of the Land Tribunal dated 05.10.1981. In respect of 'B' schedule properties, defendant No.1 Smt.Umavathi Shetty filed an application in Form No.7 and occupancy rights was granted to her and defendant Nos.2 and 3 as per order dated 07.02.1979. Contending that both these orders enure to the benefit of all the legal heirs of late Somayya Shetty, plaintiffs sought partition and division of 'A' and 'B' schedule properties.