NAGALINGAPPA Vs. INDIRAWWA

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 18-4-1998 passed by the Civil Judge (Senior Division), Saudatti, in R. A. No. 4 of 1996 (Old r. A. No. 142 of 1990) confirming the judgment and decree dated 10-7-1990 passed by the Munsiff, Ramdurg, in O. S. No. 165 of 1989 the plaintiff has preferred this appeal.

(2.) THE ranks of the parties shall be followed as in the lower Court. The appellant is the plaintiff. The respondents are the legal representatives of original respondents as rioted in the cause title.

(3.) THE facts in nutshell are that the appellant is the legally adopted son of one Rudrappa Pattar who died in the year 1955 leaving behind his wife who also died in the year 1963 and the appellant (the adopted son ). The adoption of the appellant took place on 7-11-1953 according to the religious practice of the community of the respondents. The adoption ceremony took place at a place called Shirasangi on 7-11-1953. The adoption deed, after the adoption, was executed at Ramdurg on 18-11-1953. Since the date of adoption, the appellant has become the adopted son of Rudrappa who had three brothers by name Kalappa, Manappa and Lingappa. The appellant filed suit O. S. No. 165 of 1989 for partition and separate possession of his l/4th share in four agricultural lands situated at Chippalakatti, bearing R. S. Nos. 42, 2/2, 5/2 and 125/1 and three agricultural lands situated at Kunnal Village, Ramdurg Taluq bearing R. S. Nos. 96, 91/5 and 92/4 and five house properties situated at chippalakatti Village bearing V. P. C. Nos. 76/1+2, 71/1, 71/2, 71/3 and 145. These properties shall be referred to as suiit properties. It is further stated by the appellant that by virtue of the certified copy of the regis-tered adopted deed, he is the adopted son of late Rudrappa, the only legal heir to be entitled to l/4th share in the suit property.