ISMAIL Vs. ABDUL RAHIMAN

JUDGEMENT

(1.) This appeal is filed against the Judgment and Decree dated 17th August 2005 in O. S. No. 208/1994 on the file of the Principal Civil Judge (Sr. Dvn. ) and CJM, Mangalore.

(2.) The plaintiffs filed the suit for partition and separate possession of their share and for mesne profits. The Trial Court decreed the suit for partition and for mesne profits. Aggrieved by the Judgment and Decree passed by the Trial Court, the defendant No. 1 filed this appeal. For the sake of convenience the parties are referred to as arrayed in the suit.

(3.) It is the case of the plaintiffs that they are the children of late Iddikunhi through his second wife late Pathumma and the defendants are the children of the Iddikunhi through his first wife late Ashyamma. During the life time of Iddikunhi he was cultivating the suit schedule properties. Subsequently, he died on 05.11.1979 after coming into force of the Karnataka Land Reforms Act. The 1st defendant being his elder son was allowed to file declaration under Section 48-A of the Karnataka Land Reforms Act on behalf of all children of late Iddikunhi. The Land Tribunal as per the order dated 21.10.1978 granted 'B' schedule property in the name of the 1st defendant only. Therefore, the 1st defendant is in possession and enjoyment of the property and 'B' schedule property consisting of more than 1200 yielding areca trees and 60 coconut trees, a house, cattle shed and bathroom and appropriating the income for himself.