CHANDRAMATHI K Vs. B N USHA DEVI

JUDGEMENT

(1.) The appellants herein are the defendants in O.S.No.8533/2001. The suit was filed by the plaintiffs seeking for partition and separate possession of their share in the suit schedule properties. The Court below after considering the rival contentions has decreed the suit in part granting one-fourth share in the suit schedule propertiess and 25% of terminal benefits of deceased K. Chandrashekar Naik to the second plaintiff.

(2.) The parties would be referred to in the same rank as assigned to them before the Court below for the purpose of convenience and clarity.

(3.) The second plaintiff is claimed to be the minor daughter born to the first plaintiff and late Chandrashekar Naik on 04.05.1991. It is contended that the first plaintiff was the legally wedded wife of late Chandrashekar Naik. The marriage is claimed to have been performed on 17.05.1989 at K.P.S.Kalyana Mantapa, Tirupathi, according to Hindu rights and customs. After the marriage the first plaintiff was living with her husband in Bangalore. The said late Chandrashekar Naik was working as Deputy Director of Industries and Commerce, Government of Karnataka.