DECEASED SHARANAGOUDA Vs. AYYAMMA

JUDGEMENT

(1.) This second appeal is filed by the legal representatives of original defendant No.2/purchaser under Sec. 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dtd. 28/5/2011 passed in O.S.No.07/2010 by the Civil Judge (Jr.Dn.), Shahabad, which is confirmed by the judgment and decree dtd. 28/11/2019 passed in R.A.No.05/2017 by the Senior Civil Judge and JMFC, Chittapur.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The suit properties are the land bearing Sy.No.28 measuring 12 acres 23 guntas situated at Bennur (B) village, Tq. Chittapur, Dist. Gulbarga and a house bearing No.2-31/B situated thereunder. The plaintiffs contended that one Mallinath i.e., the husband of plaintiff No.1 and father of plaintiff No.2 is the son of defendant No.1 and Smt. Shantabai. That, Mallinath died intestate on 4/12/1996 and after his death, the plaintiffs and defendant No.1 constitute Hindu undivided joint family and the suit schedule properties are ancestral joint family properties of plaintiffs and defendants. Defendant No.1 is manager of the family and he has neglected to maintain the plaintiffs. As such, the plaintiffs have filed a suit for partition. It is also alleged that defendant No.1 illegally sold 4 acres of land to defendant No.2 under sale deed dtd. 24/3/2003 and they claimed partition and separate possession of their share.