SABANNA Vs. AYYAPPA

JUDGEMENT

(1.) This appeal is filed by the plaintiff, challenging the judgment and decree dtd. 15/12/2016 passed by the Senior Civil Judge, Yadgir in R.A.No.34/2015 and the judgment and decree dtd. 2/12/2014 passed by the Civil Judge and JMFC, Yadgir in O.S.No.161/2010, whereby the suit filed by the plaintiff came to be dismissed.

(2.) That, the plaintiff has filed the suit for relief of partition and separate possession of his half share in the suit schedule property. The plaintiff contended that he and the defendant are the brothers being the sons of Mallappa Goudageri and the suit land is a joint family land and the plaintiff and the defendant are the members of joint family. That, 2 acres 20 guntas of the suit property was acquired and compensation has been paid, but while effecting mutation based on acquisition, the wrong mutation has shown that the portion of the plaintiff to the extent of 2 acres 10 guntas was acquired and 2 acres 28 guntas is shown to be in the name of defendant by showing that 4 guntas of land only was acquired. The mutation entries are without any material evidence and in fact no division has been taken place and as such, it is prayed for granting the decree of partition.

(3.) The defendant has filed written statement denying the allegations and assertions made thereunder. Though he admitted the relationship, he denied the other contentions and further specifically asserted that long back the partition has taken place and the mutations were effected independently in the names of the plaintiff and the defendant. He would also contend that the plaintiff has received compensation exclusively pertaining to 2 acres 20 guntas of acquired land, which was standing in his name and hence has disputed the claim.