JAMBULINGAYYA HIREMATH Vs. AKKAMAHADEVI @ SHASHIKALA

JUDGEMENT

(1.) R.S.A.No.200221/2015 has arisen from a common judgment and decree passed by the learned Additional Sessions Judge, Raichur (hereinafter for brevity referred to as "first appellate Court") in R.A.No.55/2010 dated 31-03-2015, which in turn, had arisen from a common judgment and decree dated 31-03-2010 passed by the learned Principal Civil Judge (Sr.Dn.) at Raichur in O.S.No.31/2006 (hereinafter for brevity referred to as "Trial Court").

(2.) The summary of the case of the plaintiff in O.S.No.49/2003 is that, the plaintiff, defendants No.3 and 4 and late Veeresh Hiremath, the husband of defendant No.6 are the sons of defendant No.1 - Sri.Jambulingayya Hiremath. The defendant No.5 is the daughter of defendant No.1; and defendant No.2 - Hemavathi is the wife of defendant No.1. Defendant No.6 is the daughter-in-law of defendant No.1, since she is the wife of said late Veeresh Hiremath. The plaintiff and defendants No.1 to 6 are members of the Hindu Joint Family. The defendant No.5 since married after the commencement of amendment to the Hindu Succession Act, 1991, she is also impleaded as a member of the joint family. The defendant No.1 owns and possesses the suit schedule property which includes agricultural lands in Survey No.350, measuring 11 acres, Survey No.856, measuring 17 Acres 18 Guntas, both situated in the limits of Anwari Village of Lingasugur Taluk and a house property bearing Municipal No.8-11-181/800 situated at NGO's Colony, Vidyanagar, Raichur. The defendant No.1 was the Kartha of the said Hindu Joint Family. The said plot which is part of the Hindu property was purchased by defendant No.1 under a registered sale Deed dated 13-05-1987. Thereafter, he constructed a building on the said plot No.800. Except defendants No.3 and 5, all other parties to the suit are in possession and enjoyment of the suit house property. Since the defendant No.3 is working as a Government servant at Arkonam (Tamil Nadu), he resides at that place of work.

(3.) After service of suit summons, the defendants No.2 to 6 appeared in the said O.S.No.49/2003 through their counsel. Defendant No.1 - Sri. Jambulingayya Hiremath was placed exparte and defendant No.6 - filed her Written Statement.