BHUNDAPPA Vs. MALLIKARJUN

JUDGEMENT

(1.) Non-granting of share in item No.13, house building on plot No.238 in Sy.No.72 of Badepur, Kalaburagi, bearing G.P.No.13-19 Corporation No.T-2- 910/72-238, by the III Addl. Senior Civil Judge at Gulbarga in O.S.No.139/2014, dtd. 7/8/2018, the plaintiffs have preferred this appeal.

(2.) The parties herein shall be referred to as per their ranking before the trial Court.

(3.) The plaintiffs had filed the suit for partition and separate possession in respect of the suit schedule properties contending that the suit schedule properties are the ancestral joint family properties of the plaintiffs and defendant and claiming 1/9th share in the suit schedule properties and that the father of the plaintiff and the defendants by name Sidramappa, son of Shanthappa Maradi died on 9/8/1991 and the mother by name Girijabai died on 16/6/2012. The plaintiffs and defendant Nos.1 to 4, 6 and 8 are the brothers who are the sons of late Siddaramappa, son of Shanthappa Maradi and defendant Nos.5 and 7 are the sisters of the plaintiffs who are the daughters of late Siddaramappa Shanthappa Maradi. It is the contention of the plaintiff that the suit item No.13, plot No.238 in Sy.No.72 of Badepur is acquired by the plaintiffs and the defendants from the income of the joint family funds and from the contribution made by the plaintiffs and defendants purchased in the name of defendant No.2/Shivaputrappa nominally. It is further contended that the purchase in the name of defendant No.2/Shivaputrappa, as he was the elder brother living in Gulbarga City at that time, vide registered document dtd. 27/03/1993. It is further contended that the commencement of construction of the house in the said plot was started in the year 1995, by the plaintiffs and the defendants and the construction was completed in the year 1997 and that the expenses for construction of house was also met by the income of the joint family and the contribution made by all the brothers. It is further contended that the three brothers namely, Shivaputrappa, Hanumantharayappa and Satlingappa were residing together in the house from the year 1997 till the year 2007. Since the year 2008 defendant No.2 is staying in the eastern portion of the house and defendant No.8 is staying in the western portion of the house. It is further contended that in the year 2000, defendant No.8 Satlingappa got permission for installing Doctors Club Soda in the eastern half cellar portion of the house and remaining western half cellar portion area was leased as rent to other distributors and plaintiffs and defendants have deposited the rent in the account of the mother of the plaintiffs and defendants. It is further contended that the plaintiffs are entitled for equal share to the extent of 1/9th share in the suit schedule properties and there is no division in respect of the suit properties between the plaintiffs and the defendants.