NINGAPPA Vs. GIDDAPPA

JUDGEMENT

(1.) Giddappa, the plaintiff, filed a suit for partition against his brother Ningappa (defendant No.4) and his sister-in-law and her children namely Durgavva, Ramanna and Durgappa (defendant Nos.1 to 3).

(2.) It was his case that the suit properties were joint family properties and they were inherited from their father Shivappa and after his death the plaintiff and his two brothers had succeeded to the same. It was his further case that the properties at Danakanadoddi was purchased in the name of defendant No.4 out of the joint family funds and thus all the suit properties were the joint family properties. It was contended that in view of the nature of the properties, he was entitled to 1/3rd share, which was refused and he was therefore before the Court seeking for a partition.

(3.) Defendant Nos.1 to 3 filed a common written statement while defendant No.4 filed his own written statement.