APPI BELCHADTHI Vs. SHESHI BELCHADTHI

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated July 31, 1974 rnade by the Prl. Civil Judge at Mangalore, D. K. District, dismissing O. S. No. 111 of 1970.

(2.) The case of the plaintiffs, briefly stated,, is as follows: One Bamu Belchadthi was a chalgeni tenant of the suit B Schedule properties consisting of agricultural lands and a house, the landlord of which was Sri Krishnapur Mutt, one of the 8 Mutts of "Sri Krishna Temple" at Udupi. In 1956, Bamu died leaving behind one son called Somappa and three daughters called Poovamma, Appi and Sheshi. Appil and her ten children are the plaintiffs. Sheshi is defendant-1. Poovamma was married to one Rama Bangera. She died leaving behind her daughter Leela (defendant-5) whose children are defendants 6 to 9. After the death of Poovamma, Rama Bangera married her sister Sheshi whose sons are defendants 2 to 4.

(3.) The parties are governed by Aliyasanthana Law of inheritance. Bamu cultivated the B Schedule properties with her children for over 45 years. In her old age, she was actively and affectionately assisted) by her son Somappa and the chalgeni lease was also executed in his own name. After the death of Bamu, Somappa being the eldest became the Manager of the family. But Somappa unlike his mother did not pay the rents regularly to the Mutt. The Mutt had to file a suit to recover the arrears. In 1960, Somappa found himself unable to, cultivate the lands even,, and so gave up the management in favour of Sheshi, who by then came to live in the family house along with her husband! by winding up her establishment in, Bombay. Somappa, however, continued to live in the family house cultivating the tenanted lands till he, died in 1970. After the death of Somappa, Sheshi with her husband started neglecting the plaintiffs who are legitimately entitled to a share in the family tenancy. So stating, the plaintiffs instituted the suit claiming 11 out of 20 shares in the plaint B and C Schedulc properties. They have also claimed past maintenance.