SIDRAMMAPPA VEERABHADRAPPA AND Vs. BABAJAPPA BALAPPA

JUDGEMENT

(1.) THIS appeal arises from the decision of the learned Judge (Senior Division) at Belgaum, in Special Suit No.59 of 1952 on his file. Defendants 1 and 2 in that suit are the appellants in this Court. Plaintiffs I and 2 are the respondents 1 and 2 respectively and the third defendant therein is the third respondent. The suit is for partition and possession of half share in the properties detailed in the plaint schedules A, B, C, and D. It has been decreed as prayed for Aggrieved by the decree and judgment of the Court below defendants 1 and 2 have come up in appeal to this Court.

(2.) THE second plaintiff is the daughter -in -law of the first defendant. Her husband Balappa, the only son of the first defendant died on 9 -12 -1945. She claims that she had adopted the fast plaintiff to her deceased husband on 11 -6 -1952. The second defendant is the wife of the first defendant; the third defendant is a samaik kabjedar. He claims a right of way through one of the items of property included in the plaint schedule (City Survey No.1295). Hence he has been made a party to the suit. The right of way claimed by him was recognised by the Court below and there is no dispute about it in this Court. Hence whenever reference is made to 'defendants' hereinafter it refers only to defendants 1 and 2.

(3.) THE controversies in this Court are confined to two questions : (1) Whether all or any of the properties detailed in the plaint schedules A, B, C and D are joint family properties in which the plaintiffs can claim a share? (2) To what share the plaintiffs are entitled to under law? The Court below came to the conclusion that all the properties detailed in the plaint schedules are joint family properties, and that the plaintiffs are entitled to a half share in those properties.