KAMALA Vs. LINGAMMA HENGSU

JUDGEMENT

(1.) THE case was posted at the admission stage. Paper books were already filed. At the request of the Counsel for the appellants and the respondents, heard on merits for final disposal.

(2.) THE appeal is filed against the judgment and decree passed in O. S. No. 44 of 1993 on the file of the II Additional Civil Judge (Senior Division), Mangalore. The appellants are the defendants in the suit. The respondents/plaintiffs filed the suit for partition and possession of their share in the suit schedule property consisting of agricultural lands situate in Kula Village of Buntawal Taluk. One Annappa Gowda, who is the propositor was the Chalgeni tenant of the suit schedule lands. He died in the year 1968 leaving behind the plaintiffs, who are the daughters, widow Thimmakka and son by name Monappa. The appellants are the children of deceased Monappa. Thimmakka died in the year 1981. After passing of the Karnataka Land Reforms Amended Act, 1974, an application was filed by Thimmakka for grant of occupancy rights in respect of the suit schedule lands and the same was granted in her favour. The plaintiffs claim share in the said lands, contending that the tenancy was a joint tenancy and they have a right of inheritance in the lands in question after the death of their father Annappa Gowda. The Trial court decreed the suit of the plaintiffs, granting 1/6th share each. Being aggrieved by the judgment and decree, the present appeal is filed by the defendants.

(3.) THE relationship between the parties is not in dispute. The contention of the plaintiffs that they are entitled to share in the properties by virtue of provisions contained in Section 24 of the Karnataka Land Reforms Act as amended in the year 1974. The provision reads as follows: