SADEPPA Vs. GANGAVVA

JUDGEMENT

(1.) This Regular First Appeal is filed by one of the half brothers of the plaintiff, Smt.Gangavva, whose suit for partition and separate possession was decreed in part and the plaintiff was allotted half share in all the suit schedule properties excluding northern 4 acres in Sy.No.28 of Dhupadal village, Saundatti taluk, Belgaum district.

(2.) For the sake of convenience, the parties shall be referred to as per their ranking before the trial Court.

(3.) One Ningappa Fakkirappa Paschapur had two wives, Basavva and Parvatavva. Through Basavva, Ningappa had a son, Sadeppa, while through Parvatavva, he had Gangavva, the plaintiff. The relationship is not disputed. Ningappa died on 11/8/1968. After the death of Ningappa, his son, Sadeppa got his name entered in the record of rights, as per M.E.No.1281 in respect of the immovable properties left behind by Ningappa. Under a sale deed dtd. 8/5/1992, Sadeppa-defendant No.1 purchased 4 acres 7 guntas in Sy.No.230 of Karalakatti village, in the name of his son Shivanand, defendant No.2. It is the contention of the plaintiff that since Sadeppa had no other source of income other than the agricultural income derived from land bearing No.28, which measures 11 acres 15 guntas, the land purchased in Sy.No.230 also belongs to the joint family.