M S RANGANAYAKAMMA Vs. M G BHASHYAM

JUDGEMENT

(1.) This appeal is preferred against the J udgment and decree dated 7-8-1981 passed by the XII Additional City Civil Judge, Bangalore in O. S. No. 7691/1980 (Old O.S. No. 331/1980).

(2.) The facts relevant for the disposal of this appeal, briefly stated, are as under:

(3.) Plaintiff filed the suit at O. S. No. 7691/1980 praying for a decree for partitionby metes and bounds and for allotting the half share, preferably northern half share of the premises to the plaintiff. Among other things, it was alleged by the plaintiff that she purchased the premises (Old No. 189) New No. 55, Subbaram Chetty Street, Basavanagudi, Bangalore and that she had given the cash into the hands of the defendant who, in turn, issued a cheque to the vendor at the time of purchasing the property. The property was purchased in the joint name of both the plaintiff and defendant since the defendant was the only son of the plaintiff and since the plaintiff wanted to leave the half share to him after her death. Defendant (since deceased) was the only son of the plaintiff. Everything went on well till his marriage. However, of late defendant and his wife started cooking separately for themselves and plaintiff had to make her own arrangement for her cooking though both have been in the same house. It is, therefore, no longer possible for the parties to live in the same way, plaintiff, therefore, suggested to defendant that the property could be divided into two parts as northern half and southern half and he could take the southern half since that portion contained sufficient open space to park his car. Her notice to that effect to the defendant was not replied to. Therefore, she filed the suit claiming the reliefs referred to herein above.