MEENAKSHAMMA Vs. M C NANJUNDAPPA

JUDGEMENT

(1.) Appeal is by the 2nd defendant in the suit. Respondents 1 to 4 herein were the plaintiffs. The 1st defendant died during the pendency of the suit. Parties are referred hereinafter with reference to their respective ranking in the trial Court.

(2.) Undisputed facts are : M. C. Chikkananjundappa was the father of the 1st plaintiff; and defendants 1, 2 and 3 is referred hereinafter as MCC. MCC had a wife Pillamma, who died in the year 1930; 1st defendant was the daughter of MCC through this wife. Another wife of MCC was Doddabasamma, who died on 26-1-1983; through her MCC had two sons (Plaintiff No. 1 and the 3rd defendant and a daughter, the 2nd defendant). The 1st defendant, though married, lived in her parental house, leaving her husband. Fate of the 2nd defendant has been the same; within a few days of the marriage of 2nd defendant, her husband left her and thereafter she has been living with her parents. Plaintiffs 2 and 3 are the children of 1st plaintiff. Defendants 4 to 7 are the children of the 3rd defendant. MCC died on 24-1-1972. 1st defendant died on 25-3-1986, without any issues.

(3.) Immediately after the death of Doddabasamma, dispute must have arisen between the parties, because suit was filed in February 1983. According to the plaintiffs immovable properties described in schedules A-1, A-2, A-3, A-4 and A-5 are joint family properties, partible amongst the shares. Accordingly, the branch of 1st plaintiff and 3rd defendant are entitled to share the properties equally. The 2nd defendant was gifted with the immovable property described in schedule 'B' to the plaint during the lifetime of MCC and therefore she was not entitled to claim any share. Defendant No. 1 was leading a life of a sanyasi and hence her right to a share was also denied in the plaint. Plaint schedules 'C', 'D' E and 'F' contain the partible movables, furniture, jewelleries, silver articles and Bank Deposits. The plaint refers to a 'will' executed by MCC (marked Ex. P 1 in the suit) in the year 1957, by which he purported to effect partition of the properties amongst his children.