H. RAVINDRAPPA Vs. SMT. H.R. SHOBHA

JUDGEMENT

(1.) APPELLANT is the plaintiff challenging the legality and correctness of the judgment and decree dated 16.12.2004 passed in O.S. No. 27/2004 by the I Addl. Civil Judge (Sr. Dn.) Davangere, partly decreeing the suit filed by the plaintiff, filed this appeal.

(2.) THE plaintiff filed a suit against the defendant who is none other than his daughter seeking for partition and separate possession of half share in the suit schedule properties. In the plaint, the plaintiff has contended that as per the registered partition deed dated 09.06.1980 the properties were divided between him, his wife Jayamma and her son Kuberappa and the suit schedule property was allotted to the share of Smt. Jayamma, since Kuberappa was minor at that time. There was dispute between the husband and wife. The plaintiff has taken a second wife in the year 1980. The son of the plaintiff namely Kuberappa died on 30.08.2004 and the wife of the plaintiff Jayamammadied on 11.03.2003. Since the plaintiff is Class I heir of Smt. Jayamamma, he sought for partition of the property belonging to said Jayamma. The plaintiff claims that after the death of his wife Jayamma he and defendant jointly succeeded the share in the property of said Jayamma, hence he is entitled for half share in the suit schedule property and accordingly he filed the suit.

(3.) ON the basis of the pleadings of the parties, the trial Court has framed the following issues: