GOWRAMMA Vs. NANJAPPA

JUDGEMENT

(1.) THE appellant herein was the fifth defendant in O. S. No. 5/1991 on the file of the Civil Judge, Bangalore Rural District. First respondent was the plaintiff. Respondents 2, 3, 4, 5, 6, 7, 8 and 9 were respectively defendants Nos. 1, 2, 3, 4, 6, 7, 8 and 9 in the suit. For convenience, parties will be referred to by their ranks in the suit.

(2.) THE first respondent (plaintiff) filed the said suit for partition and separate possession of his share in the joint family properties consisting of 19 items of lands described in schedule A and three items of Houses described in Schedule-B to the plaint. The said suit was filed against his mother (first defendant) three brothers (defendants 2 to 4) and sister (fifth defendant ). Subsequently, defendants 6 to 9 were impleaded on the ground that they were claiming rights over the suit schedule properties.

(3.) THE suit as contested by the defendants. The fifth defendant in her written statement submitted that she was entitled to a one-sixth share in the suit schedule properties and prayed for partition and separate possession of her one sixth share by paying the necessary court-fee. The first defendant also filed a written statement seeking partition and separate possession of his share by paying necessary court-fee.