CHOWDAMMA Vs. THIMMAPPA

JUDGEMENT

(1.) These appeals are arising out of Judgment and Decree dtd. 5/1/2009 passed in Regular Appeal No.62 of 2007 on the file of the Principal District Judge, Bellary, setting aside the Judgment and Decree dtd. 16/7/2007 in Original Suit No.256 of 2005 on the file of the II Additional Civil Judge (Sr.Dn.), Bellary, dismissing the suit of the plaintiff.

(2.) For the sake of convenience, the parties in these appeals are referred to with their status and rank before the trial Court.

(3.) The factual matrix of the case are that the plaintiff's father-Anjinappa had two wives, viz. Lakshmamma (first wife) and Chowdamma (second wife-defendant No.1). Anjinappa died on 24/6/1993. Lakshmamma died leaving behind the plaintiff. After the death of Lakshmamma, Anjinappa married Chowdamma (defendant No.1) and through defendant No.1, Anjinappa had four children viz. defendants 2 to 5. It is further stated in the plaint that the plaintiff's grandfather-Vitalapuram Hanumanthappa, executed Registered Gift Deed dtd. 6/5/1946 in favour of Anjinappa and therefore, the said property is the self-acquired property of the father of plaintiff and therefore, it is the case of the plaintiff that plaintiff is entitled for half a share in the suit schedule property. Hence, the plaintiff filed Original Suit No.266 of 2006 on the file of the trial Court, seeking partition and separate possession claiming half share in the property.