SHIVANNA Vs. RANGAPPA

JUDGEMENT

(1.) THE unsuccessful plaintiff has filed these appeals challenging the judgment and decree of the Trial Court and also the Lower Appellate Court, in RA Nos. 12/2001 and 13/2001, dismissing his suit for declaration partition and separate possession.

(2.) AS both these matters arise out of the same suit and appeals before the Courts below, they are taken together for consideration.

(3.) THE plaintiff claims that he is entitled to half share in all the suit, properties. The plaintiff had instituted OS No. 65/1985 a suit, for partition and separate possession of his share and it came to be dismissed for default on 6.1.1989. He filed Misc. 12/1989 to restore the suit dismissed, but the said application was also dismissed for default on 31.7.1989. Subsequently, the parties entered into some family arrangement agreeing for the division of the family properties in. the presence of panchayathdars and on 27.10.1983, they divided the family properties under a document styled as 'Palupatti' and the shares were allotted to both, the brothers, in the presence of panehayatdars and they signed the documents. An application came to be filed to the revenue authorities and it was objected by the first defendant.