NEELAVVA Vs. BHIMAVVA

JUDGEMENT

(1.) The appeal by the plaintiff is directed against the judgment and decree dated August 6, 1973, made by the Addl. Civil Judge, Bijapur, in OS No. 37 of 1967.

(2.) The material facts leading to the appeal are as below :- One Jakkappa had two sons, Balappa and Shivappa. Balappa predeceased Shivappa, who died on March 5, 1945. Shivappa had left behind him his widow Bhimavva, defendant 1. She took Ningappa in adoption on June 15, 1955. The plaintiff Neelavva was married to Ningappa. But their married life ended in a disaster. In September 1960, Ningappa disappeared once for all never to return. He has not been heard of since then. In 1967, the plaintiff Neelavva filed a suit claiming half share in the suit properties which were joint family properties.

(3.) Defendant 1 who is the mother of Ningappa and defendant 2 who is the father of defendant 1 together filed a written statement resisting the suit contending inter alia that S. Nos. 223, 225 and 408 did not belong to the plaintiff's husband and thus she could not lay any claim to them. They also disputed the quantum of share claimed by the plaintiff.