SANGAPPA RAMAPPA JAMBUR Vs. HONNAPPA

JUDGEMENT

(1.) Plaintiff in O.S. No. 42/1998 on the file of the Court of Civil Judge (Sr.Dn.), Prl. JMFC at Ranebennur is the appellant u/s 96 of the Code of Civil Procedure. Suit was one for partition of the joint family properties impleading the elder brother of the plaintiff as the 1st defendant; elder sister of the plaintiff as the 2nd defendant, daughter of the 2nd defendant as the 3rd defendant and the step mother of the plaintiff as the 4th defendant. Plaintiff had claimed half share in the suit schedule properties and it is not in dispute that suit items 1A1 and 1A2, the two parcels of agricultural land abutting one another had been purchased in the name of the 1st defendant. The first purchase was on 02.05. 1945 when the 1st defendant was a minor and the mother of the 1st defendant acting as guardian of the minor and the second purchase was on 28.05.1969 when the 1st defendant had attained majority by that time.

(2.) In respect of suit schedule 1D item, the plaintiff pleaded that though the khatha in the revenue records in respect of this land stood in the name of the 3rd defendant, it is also a joint family property having been purchased by the father of the plaintiff and defendants 1 and 2 in the name of his second wife i.e., the 4th defendant from out of the family funds and therefore remained a family property.

(3.) The genealogy of the family is as under: