MANMATAYYA Vs. SHIVAKUMAR MANMATAYYA

JUDGEMENT

(1.) THIS appeal is by the defendant in O.S.No.67/97 on the file of Additional Civil Judge (Sr. Dn.), Bidar questioning the legality and correctness of the judgment and decree dated 30.09.2005 passed therein decreeing the suit filed by the respondent -plaintiff and holding that the plaintiff is entitled for 1/2 share in the suit schedule properties and further declaring that the partition deed executed by the defendant dated 13.7.1987 is null and void and not binding on the plaintiff.

(2.) THERE is no dispute that the respondent -plaintiff is the son of the appellant -defendant through his first wife. It is also not in dispute that during the lifetime of the first wife, the mother of the plaintiff, the appellant -defendant took the second wife Smt.Vimala Bai and through her he has three sons and a daughter. Respondent -plaintiff filed the suit seeking partition and separate possession of his half share in the suit schedule properties contending that all the suit schedule properties are properties of joint family comprised of himself and his father, the defendant, that the defendant in order to deprive the plaintiff of his legitimate share created a partition deed bearing No.1542/84 -85 during the minority of the plaintiff and the step mother representing him as his guardian and later in place of the said partition, another partition deed dated 13.7.1987 was brought into existence even when the plaintiff was minor; that the said document is a forged and fabricated document and the distribution of the properties therein is unequal and therefore, he sought for declaration of the said document is null and void and therefore, the plaintiff sought declaration of the partition deed dated 13.7.1987 is null and void and does not bind on him.

(3.) IN the light of the pleadings of the parties, the trial Court framed the following issues: