X PHILLIPPS Vs. CLARACIELA

JUDGEMENT

(1.) Plaintiff in OS. No. 16423/2001 on the file of XXVIII Additional City Civil Judge, Mayohall Unit, Bangalore has come up in this appeal impugning the judgment and award dated 25.11.2005 dismissing his suit for partition and half share in suit schedule A and B properties. Brief facts leading to this appeal are as under:

(2.) In the said proceedings 1st defendant served and entered appearance. She filed memo supporting the case of plaintiff seeking for decree of suit as prayed for and for allotting a share to her similar to that of plaintiff. So for as 2nd and 3rd defendants are concerned, they filed detailed statement of objections, wherein 2nd defendant a spinster/unmarried daughter of late Mr. Xavier and Mrs. Uthira Mary stated that suit schedule A and B properties are her self acquired properties, which she acquired from out of her income and savings. Since she was spinster and living along with her mother, for the safety, benefit and future security of her mother and herself got the property jointly registered in their name.

(3.) According to 2nd defendant, plaintiff who is youngest of the children of late Mr. Xavier and Mrs. Uthira Mary was brought up by widow and daughters of late Mr. Xavier, after the death of Mr. Xavier. Though plaintiff an high school dropout, subsequently, he got job in BEL. After he secured job, he got married and set up a separate house along with his wife, where he is staying with his wife and two daughters. At no point of time, he took care of either his mother or 2nd defendant. As such, he is not entitled to seek any share in suit schedule properties.