K. THIMMAIAH Vs. VENKATAMMA

JUDGEMENT

(1.) This is a second appeal by defendant No. 1.

(2.) Smt. Venkatamma and Smt. Lakshmamma (the sisters of the appellant herein) instituted a suit for partition against the appellant and their other brother Sri. Ramakrishna. They stated that their father Sri. Kunnappa had got the properties in his name in the year 1984-85 and they were joint family properties, as evidenced by the entries in the revenue records. They stated that there had been no division of properties and they were thus entitled to an equal share in the said joint family properties.

(3.) The suit was contested by defendant No. 1/appellant herein. It was stated that on 25/7/1983, there was a partition and in the said partition, the plaintiffs had already got their share and hence, the question of ordering for one more partition would not arise. It was also contended that Item Nos. 1 and 2 had been granted to defendant No. 1 under the Land Reforms Act, while Item Nos. 3 and 4 had been granted by the Government to Kunnappa. It was stated that since the plaintiffs were signatories to the partition deed dtd. 25/7/1983, the plaintiffs were not entitled to any share.