K. GURUBASAVARAJ Vs. SUSHEELAMMA

JUDGEMENT

(1.) The captioned second appeal is filed by unsuccessful defendants questioning the concurrent judgments and decrees of the Courts below wherein the suit for partition filed by respondent No.1-plaintiff is decreed granting share in the suit schedule properties.

(2.) The facts leading to the case are as under:

(3.) On receipt of summons, the defendants tendered appearance and filed written statement and stoutly denied the entire averments made in the plaint. Defendant No.1 filed written statement and specifically contended that while solemnizing marriage of plaintiff, he has transferred agricultural land bearing Survey No.1018-C totally measuring 2 acres 90 cents in favour of his son-in-law -Shivumurthappa. It was also contended that defendant No.1 has given 15 tolas of gold ornaments and a sum of Rs. One lakh was also paid. Defendant No.1 also contended that he incurred hand loan of Rs. One Lakh to perform the marriage of plaintiff. Therefore, Defendant No.1 has contended that while performing marriage of the plaintiff, land bearing No.1018-C which was ancestral property was transferred in the name of her husband and therefore, her legitimate share is already given and without including the said land, the present suit for partition is not maintainable.