C. SHASHIDHAR, SRI. C. SURESH, S/O LATE DR. N. CHANNABASAPPA AND SMT. PREMA Vs. SMT. K.G. DEVAMBA, D/O LATE DR. N. CHANNABASAPPA, NACONS ENGINEERS AND SMT. UMA RANI, D/O K.G. DEVAMBA

JUDGEMENT

(1.) APPELLANT is the second Plaintiff in O.S. No. 8819/1997 being aggrieved by the judgment and decree dated 29 -6 -2004 passed by the 18th Additional City Civil Judge, Bangalore, wherein the Civil Judge dismissed the suit filed by the Plaintiffs preferred this appeal.

(2.) THE Plaintiffs have filed a suit seeking for partition and separate possession of the suit schedule properties and allot 1/4 share to each of the Plaintiffs out of the suit schedule properties and demarcate the properties and put the Plaintiffs in possession of their shares. Consequently, they also sought for an injunction restraining the Defendants from alienating, creating any charge over the suit schedule property.

(3.) IN pursuance to the notice issued by the learned Civil Judge, the Defendants entered appearance and first Defendant filed objections denying the averments made in the plaint and also contended that the suit properties are not the joint family properties. The Plaintiffs have no right or interest in respect of the suit schedule property. The Plaintiffs separated from their father long before his death. There is no cause of action for the suit and the averments made in the plaint are false. Further contended that she had married Dr. Channabasappa in the year 1963 and prior to that she was working as a Teacher in Vanivilas Government High School from the year 1958. Thereafter, she served in various High Schools run by the Bangalore City Corporation and retired as Head Mistress. Further, the father of the first Defendant was a retired Chief Engineer in the Karnataka State. On his death, there was partition in the family of the first Defendant under the registered partition deed dated 30 -7 -1963. In that partition, she got her share as two Bungalow sites measuring 120 ft x 80 ft each in P.G. Extension, Davanagere, 6 sites measuring 40 ft x 40 ft in 9th Block, Sarakki Layout, Jayanagar, Bangalore. Further she sold 2 bungalow sites at Davanagere to one Keshava Murthy under the registered Sale deed dated 16 -12 -1965. She purchased 20 guntas of land from Siddaramappa and Ramakrishnappa as per the sale deed dated 3 -12 -1969, 11 guntas of land in Sy. No. 50/3 of Mattadanalli Dakhale, Sulthanapalya under the registered sale deed dated 19 -12 -1969, a site measuring 14 ft x 118 ft. from one Papaiah, on 19 -12 -1969 and 5 sites measuring 30 ft x 35 ft each under the registered sale deed dated 19 -12 -1969 in her name. Since then, she is in lawful possession and enjoyment of the said properties. She has constructed a Farm House by availing loan of Rs. 15,000/ - from the Indian Bank. The Katha of the said properties stands in her name and she is paying the property Tax. The said properties had been purchased by selling her properties at Davanagere and her husband Dr. Channabasappa has not contributed any money to purchase the same.