V. S. MANJUNATHA Vs. V. N. MANJULA

JUDGEMENT

(1.) Sri.R.Bhadrinath, learned counsel for appellant has appeared through video conferencing. Sri.Visweswaraiah, learned counsel for respondent No.1 has appeared in-person. Appeal is posted for admission after service of notice to respondents.

(2.) The events out of which the present dispute between plaintiff and defendants arose may be shortly stated. Plaintiff is the daughter of defendant No.1 through his first wife Smt.Bychamma. Defendant No.2 is the minor son of defendant No.1, through his second wife - Smt.Lakshmidevamma. He is under the care and custody of his father - defendant No.1 and is represented by his natural guardian father. Defendant No.3 is the purchaser of the suit schedule property. It is stated that plaintiff resided with her husband at Yelagalaburre village and there was no cordial relationship between plaintiff and defendant Nos.1 and 2. Plaintiff's mother, Smt.Bychamma was the absolute owner in possession of the suit schedule property as it was her self-acquired property. Smt.Bychamma died intestate. Plaintiff and defendant No.1 being her legal heirs have succeeded to the suit schedule property. It is averred that defendant No.1 was not in cordial relationship with the plaintiff. Defendant No.1 without the knowledge of plaintiff got the Khatha of the suit schedule property changed to his name and sold the same in favour of defendant No.3 by executing a registered sale deed on 26.10.2007. Defendant No.2 the minor son though has no right, title or interest over the suit schedule property is also a party to the said sale deed. Contending that she has got half share in the suit schedule property, plaintiff brought action seeking partition and separate possession of the suit schedule property.

(3.) Sri.R.Bhadrinath, learned counsel for appellant submitted that the judgment and decree of both the Courts below are contrary to the law and evidence on record. He submitted that both the Courts below failed to consider that defendant No.3 is the purchaser of the suit schedule property under the registered sale deed dated 26.10.2007.