NEELAWWA Vs. BASAPPA

JUDGEMENT

(1.) Neelawwa, widow of Huchappa and co-widow of Basawannevva, instituted Original Suit No. 34 of 1974 on the file of the Munsiff, Kundgol, for partition and possession of her share. She claimed 1/6th share or in the alternative 1/12th share in the suit properties.

(2.) The reason is not far to seek Huchanpa left behind him two widows, four sons and a daughter. Therefore, she claimed 1/12th share.

(3.) The suit was resisted by the defendants. Ultimately, the trial court decreed the suit for 1/84th share. Aggrieved by the said judgment and decree, she went up in appeal before the principal Civil Judge. Hubli, in Regular Appeal No. 93 of 1975. The learned Civil Judge modified the decree and awarded 1/72nd share in favour of the plaintiff. Aggrived by the same, she has come up in the above second appeal before this Court.