GULAGUNDI SHIVAPPA Vs. GULAGUNDI SHIVALINGAPPA

JUDGEMENT

(1.) This appeal is filed by the defendant Nos.1 and 2, challenging the judgment and decree dtd. 26/10/2009 in R.A.No.75/2008, setting aside the judgment and decree dtd. 10/4/2008 in O.S.No.55/2007 on the file of the Addl. Senior Civil Judge, Hospet, modifying the shares of the parties.

(2.) For the sake of convenience, the parties to this appeal are referred to with their rank before the trial Court.

(3.) The relevant facts for adjudication of this appeal are that, the defendant No.1 and the plaintiffs are the children of Gulagundi Basappa and Gulagundi Kamalamma. Defendant No.2 is the daughter in law of the defendant No.1. It is the case of the plaintiffs that the suit schedule properties are the joint family properties of the plaintiffs and the defendant No.1 and after the death of father of the plaintiffs and the defendant No.1, mutation entries were changed in the name of the defendant No.1 as a Kartha of the joint family. It is further stated in the plaint that the defendant No.1 was looking after the entire joint family properties and as such he made an application under the tenancy right in respect of the item No.5 and 6 of suit schedule properties and as such occupancy right was confirmed to the defendant No.1 and therefore, the said properties also the joint family properties of the plaintiffs and the defendants and therefore, the plaintiffs have filed O.S.No.55/2007 on the file of the trial Court seeking partition and separate possession in respect of the suit schedule properties.