KALGOUDA CHIKAGOUDA PATIL Vs. ANNAGONDA TATYA CHOUGULA

JUDGEMENT

(1.) THIS appeal arises out of a suit filed byte plaintiff to recover form these defendant the suit properties as full owner or, in these alternative, to recover his one half share therein there in by partition. The relation of the parties will appear form the pedigree table given at a page 2 of the print book, which is as follows: - -

(2.) THE defendant contested the plaintiff 's claim and contended that out of three sons of Dharmagouda, Annappa (Defendant 's grand -father) and Surgappa (father of Kalagounda) were full brothers and Malagounda i.e., the grand father of the plaintiff was their step -brother and therefore these plaintiff and the defendant being of the same degree and of the same class and he being of the same of the full blood is entitled to succeed to the exclusion of the plaintiff who is of the half blood. He raised a few other contentions which are not material for the purpose of this appeal because the case was fought out in the Courts below on the legal basis only.

(3.) ON these pleadings, the trial Court raised five issues, the material issue on this aspect of the case being issue No. 3 viz. 'Does plaintiff prove that he is the nearest heir to the said Kalagounda. The learned trial judge recorded a finding that the plaintiff is not the nearer heir but held 'that the natural justice of the case favours equality of division as both the parties distantly stand in the same degree to the propostius.' On this basis, he decreed the plaintiff 's suit declaring that he is entitled to a half share in the suit properties.