SANNATHAYAMMA Vs. CHANDREGOWDA

JUDGEMENT

(1.) This appeal is filed by the defendants in O.S. No. 142/2011 on the file of the Court of the Civil Judge and JMFC., Periyapatna (henceforth referred to as the 'Trial Court') challenging the divergent opinion of the Court of the Addl. Senior Civil Judge and JMFC., Hunsur, sitting at Periyapatna, (henceforth referred to as the 'First Appellate Court') in R.A. No. 56/2013, by which it reversed the judgment and decree passed by the Trial Court in O.S. No. 142/2011 and decreed the suit of the plaintiff for partition and separate possession.

(2.) The parties will henceforth be referred to as they were arrayed before the Trial Court. The appellants herein were the defendants while the respondent herein was the plaintiff before the Trial Court.

(3.) The suit in O.S. No. 142/2011 was filed by the plaintiff for partition and separate possession of his 1/3rd share in the suit schedule properties. It is claimed that the grandfather of the plaintiff, Sri Kodigowda, had three children, namely, Sri Kengegowda, Smt. Alamma/Halamma and Smt. Lakshmi, who is defendant No. 9 in the suit. Sri Kengegowda died leaving behind his wife, defendant No. 1, and children i.e., defendant Nos. 2 to 8. Likewise, Smt. Alamma/Halamma died leaving behind the plaintiff. It is claimed that the suit properties were ancestral joint family properties of the plaintiff and defendants and all of them cultivated the suit lands and were in joint possession of the same. It is alleged that after the death of Sri Kengegowda, the defendants attempted to sell the suit properties without effecting a partition. The plaintiff demanded his share in the suit properties, which was turned down and hence, the plaintiff was advised to file a suit for partition.