T MANJANATHA IYER Vs. JANAKAMMAL

JUDGEMENT

(1.) Original Suit No. 55 of 1964 on the file of the Civil Judge, Chickmagalur, out of which this appeal arises, was filed by the respondent Ramakammal against the Appellants, viz, her broter Manjappa Iyer , his son Gopal, his daughter Meenakshi and his wife Sharadamma.In the suit she prayed lor a decree lor partition and delivery to her of a hair share in the properties described in Schedule 'A' annexed to the plaint which consists ol a house in Chickmagalur town and a Coffee Estate known as Yeinoorkhan Coffee Estate, situated in Pandaravalli village of Chlickmaglur taluk, and for recovery of possession of the entire property described in Schedule 'B' to the plaint, which is 90 acres of land out of survey No. 173 of the same village Pandaravalli and adjacent to the Coffee Estate mentioned above.

(2.) The suit was decreed, so far as the Plaint 'A' Schedule property is concerned, lor partition thereof into two equal shares and denvery of one share to the plaintiff, together with incidental directions as to the effecting of partition, enquiry into mesne profits, etc. The suit regarding the plaint 'B' Schedule property was dismissed. The defendants appeal against the decree lor partition of the plaint 'A' Schedule property. The plaintiff has cross-objected against tne dismissal of her suit in regard to the plaint 'B' Schedule property. Hence, the entire subject-matter of the suit is now for consideration by us.

(3.) The parties are closely related to each other, the plaintiff being the younger sister of the 1st defendant. Their maternal grand-father Huchangi Seetharamaiah had two daughters, Gundamma the mother of the 1st defendant and the plaintiff and Seshamma. His wife Subbamma pre-deceased him when both these daughters were very young children. Hence, Subbamma's widowed sister Achamma, who had no children of her own same and lived with the family to look after. Gurdamma and Seshamma. Gundamma's marriage with one Shivaswami Iyer appears to have been performed shortly before the death of Seetharamaiah, which occurred in the year 1891. Shivaswami Iyer, it is stated, was expected to come and take up residence in his father-in-law's house and look after the estate but he did not do so immediately after the marriage nor for nearly three years after the death of Seetharamaiah. He is said to have come down to the estate only in the year 1894. The 1st defendant was born in the year 1896. Shivaswami Iyer died in the year 1897. The plaintiff Janakammal is his posthumous daughter. Gundamma died in the year 1928, Achamma in the year 1945 and Seshsmma in the year 1959. Seshamma has not left any sons, Gundamma, as already stated, has left one son the 1st defendant, and one daughter the plaintiff.