VIRUPAKSHAPPA Vs. BOLEDAWWA

JUDGEMENT

(1.) In the village of Jambunathanahalli in Sndhnoor Taluk of Raichur District, there was a joint Hindu family consisting ot'a certain Ayodhi Basappa and his adopted son Virupakshappa Ayodhi Basappa d ed on 16-3-1959 leaving behind a daughter Boledewwa who is the plaintiff and his adopted son Virupakshappa who is the only defendant in the suit which gave rise to this second appeal by the defendant.

(2.) Deceas d Ayodhi Basappa owned two items of landed property and one item of house property constituting his joint family property. He executed a will in favour of his daughter on I7-5-1957 bequeathing all the three items of property to her. Later, in the year 1959, to be precise, on 18-2-1959, he took Virupakshappa in adoption under the adoption deed Ex. D. 1. About a month later, which was on 16-3-1959, Ayodhi Basappa died. It appears, after the death of Ayodhi Basappa, his daughter Boladewwa took possession of all the three items of property belonging to her father Ayodhi Basappa, and continued to enjoy them to the exclusion of Virupakshappa. The said Virupakshappa brought a suit in O. S No 12/1 of 1960-61 on the file of the Munsiff at Sindhnoor against Boladewwa for declaration of his ownership in respect of all the three items of property left behind by Ayodhi Basappa and also for possession. The said suit was decreed in favour of Virupakshnppa. Boladewwa unsuccessfully fought the litigation in higher courts and ult mately, the decree obtained by Virupakshappa became final and in execution of the said decree Virupakshappa came into possession of the properties in question. Thereupon Boladewwa brought the suit in O. S. No. 73 of 1969 on the file of the Munsiff at Sindhnoor for partitition and separate possession of her half share in all the three items of property together with the other consequential reliefs.

(3.) The trial Court, decreed the suit for partition in respect of two items of landed property declaring her share at 1/4 and rejecting her claim in respect of the house property as per its judgment and decree dated 30th June 1971, Virupakshappa took up the matter in appeal before the Civil Judge, Raichur in R. A No. 61 of 1971 challenging the decree passed by the court of first instance. Boladewwa also preferred RA. No. 65 of 1971 against that part of the decree which went against her.