B.M. THIPPESWAMY Vs. MAHANATASWAMY

JUDGEMENT

(1.) This Regular Second Appeal is filed by the unsuccessful plaintiff challenging the Judgment and Decree dtd. 18/1/2011 passed by the Principal Civil Judge at Challakere in OS No.135/2009 and the concurring Judgment and Decree dtd. 12/7/2012 passed by the Senior Civil Judge, Challakere in R.A.No.14/2011. Both the Trial Court and the First Appellate Court dismissed the suit of the plaintiff for partition and separate possession of the suit property on the ground that the suit property did not belong to the joint family.

(2.) For the sake of brevity and easy understanding, the parties shall henceforth be referred to as they were arrayed before the Trial Court. The appellant was the plaintiff, while the respondents were the defendants before the Trial Court.

(3.) The suit filed by the plaintiff disclose that his father - the defendant No.1, had acquired the suit property in terms of a compromise decree between the defendant No.1 and his father in OS No.19/1974. He contended that the plaintiff and the defendant No.1 were in possession of the suit property and thus, it belonged to the joint family. He claimed that his sisters were married off and that they were sufficiently compensated with gold ornaments and cash at the time of their marriage and that therefore, they were not entitled to share in the suit property. He alleged that differences arose between him and the defendant No.1 and attempt at mediation through panchayath failed. He alleged that he came to know that there was a sale transaction in respect of the suit properties and when he verified, he came to know that the defendant No.1 had sold it to the defendant No.2 though there was no corresponding legal necessity. Therefore, he sought for partition and separate possession of his half share in the suit property.