D. SHIVAKUMAR Vs. D. SHIVARAMU AND OTHERS

JUDGEMENT

(1.) THIS Regular First Appeal is filed by the plaintiff in O.S. No. 47/1994 challenging the Judgment dated 10.1.2005 passed by the Addl. Civil Judge (Sr. Dn)., at Ramanagaram, decreeing the suit filed by the plaintiff partly and holding that the plaintiff is entitled to the share which is allotted to him as given by his father under will and dismissing the suit insofar as the share in other items of the suit schedule properties.

(2.) THE plaintiff filed a suit against defendants No. 1 and 2, who are his brothers and his sister -in -law seeking 1/3rd share in the suit schedule properties and also for mesne profits derived from the properties from the date of suit till its actual possession along with costs. It is the case of the plaintiff that himself and the defendants are the brothers. Their father by name Dasashetty was carrying on the business of sale of fruits in Kanakapura Town and that their father had acquired as many as 23 items of properties comprising of houses, lands, sites, movables etc., It is the case of the plaintiff that he was also running the fruit business along with the father and his father died on 1.7.1989 leaving behind a will dated 7.9.1977. It is the case of the plaintiff that even after the death of their father Sri Dasashetty, the plaintiff was working along with defendant No. 1 and was in possession and use of the suit schedule properties. It is the case of the plaintiff that defendant No. 1 with the help of the properties acquired by their father had further added to the properties and assets of their father which as on the date of filing accumulated as 23 items of properties. The plaintiff, therefore, filed a suit for share in all the said properties which according to him is 1/3rd of the entire suit schedule properties.

(3.) THE trial Court based on these pleadings framed the following issues: (1) Whether the plaintiff proves that the suit schedule properties are the joint properties of plaintiff and defendants? (2) Whether the defendants prove that Items 3 to 5 and 7 to 9 and Item 12 of the suit schedule properties are the self acquired properties of the 1st defendant? (3) Whether the defendants prove that suit schedule items 10 and 11 are self -acquired properties of 2nd defendant? (4) What order or decree?