NARASAMMA Vs. HUCHAMMA

JUDGEMENT

(1.) The appellant aggrieved by the judgment and decree dtd. 31/7/2007, passed in O.S.No. 7757/2003 by the XVIII Addl. City Civil Judge (CCH- 32), Bangalore City, has filed this appeal.

(2.) Parties are referred to as per their ranking before the Trial Court. The appellant is the plaintiff and respondents are the defendants before the Trial Court.

(3.) Brief facts leading rise to filing of this appeal are as under: Plaintiff filed a suit for partition and separate possession in respect of the suit schedule properties. It is the case of the plaintiff that the plaintiff and defendants 2 and 3 are the children of one Basahanumaiah and defendant No.1 is the wife of said Basahanumaiah. It is contended that the suit schedule properties were owned by their father and upon his death, the properties were inherited by her and the defendants. Hence she has got equal share along with the defendants in the suit properties. Plaintiff requested to effect partition in the suit schedule properties. Defendants refused to give her legitimate share in the suit schedule properties. Hence cause of action arose for the plaintiff to file the suit. Hence the suit.