RAJKUMAR Vs. RATNAMMA

JUDGEMENT

(1.) This appeal lays challenge to the judgment and decree passed by the Civil Judge (Sr.Dn), Sedam dtd. 3/4/2008 in RA No.81/2004 wherein the appeal is dismissed and the judgment and decree dtd. 30/9/2004 passed by the Civil Judge (Jr.Dn), Chittapur in O.S.No.52/2002 is confirmed.

(2.) The plaintiff was the appellant before this Court (The appellant died during pendency of appeal and his wife and daughter as Legal Representatives are on record) and the respondent Nos.1 and 2 were the defendant Nos.1 and 2 before the trial Court. They will be referred as per their respective ranks before the trial Court for convenience.

(3.) The plaintiff instituted a suit contending that the suit properties bearing Sy.No.392 measuring 20 acres 12 guntas situated at Mangalgi village, Tq. Chittapur and house bearing Nos.1-79, 1-79/1, 1-82 and 1-82/1 situated at Mangalgi village, Chittapur taluka are the properties belongs to father of the plaintiff by name Baswantappa. He died leaving behind his two sons by name Nagappa and Rajkumar @ Rajendrakumar i.e., the plaintiff. The suit properties are ancestral and joint family properties of plaintiff and defendants which were owned and possessed by deceased Basawantappa S/o Mallappa Dandoti. After death of plaintiff's father, suit properties were transferred in the name of Nagappa as an elder son of late Baswantappa. Khata of the said land stood in the name of Nagappa. Defendants are the wife and son of late Nagappa respectively. It is contended that the plaintiff and defendants are in joint possession of the suit properties being members of joint family. It is further contended that the plaintiff demanded partition and separate possession of his share which was denied by the defendants. Hence, he filed the suit.