P DHARMAPALAIAH Vs. N KAMALA

JUDGEMENT

(1.) There is a delay of 108 days in preferring the appeal. Accepting the cause shown by the appellant, the delay is condoned. IA II/2012 is allowed accordingly. The appeal is taken up for hearing by consent and disposed of by this judgment. The appellant is questioning the legality and correctness of the judgment and decree dated 30-11-2011 in OS No. 251 of 2010, on the file of Additional City Civil Judge, Bangalore. The appellant was defendant in the suit.

(2.) For the sake of convenience, the parties would be referred to as per their status before the trial court.

(3.) The plaintiff has filed the suit for her half share in the suit schedule property by metes and bounds. It is her specific case that under a registered sale deed dated 27-2-2002, the suit schedule property was purchased jointly by the plaintiff and the defendant and a portion of the sale consideration has been contributed by the plaintiffs father M. Narayana Gowda. According to her, in the ground floor the defendant and his family members are residing and first and the second floors are let out and tenants are) residing there. The khata of the property stands in joint names of plaintiff and the defendant. It is her further case that in September, 2008, the plaintiffs husband P. Udayashankar deserted the plaintiff and sent her along with their children away from the matrimonial house. Therefore, the plaintiff and the children have already filed a petition for grant of maintenance against her husband Udayashankar. A suit is also filed by the plaintiff and the defendant against strangers to protect the suit schedule property in OS No. 6162 of 2003 and the same is pending decision. Since the relationship between the plaintiff and the defendant is strained, the present suit is filed claiming her half share in the suit schedule property by metes and bounds.