R SANDHYA Vs. S R RAJU

JUDGEMENT

(1.) The present appeal is filed by the unsuccessful plaintiffs. The appellants filed O.S. No. 15082/2005 before the City Civil Judge, Bangalore claiming partition and separate possession of their 1/3 share each in schedule B property and also to direct the defendant to furnish accounts and to further restrain the defendant from alienating or otherwise leasing, mortgaging the schedule B property. The suit filed by the appellants has been dismissed by the Trial Court by its considered Judgment and decree dt. 22.10.2008. Challenging the legality and correctness of the same, the present appeal is filed. We have heard the learned counsel appearing for both the parties.

(2.) The facts leading to this appeal are as hereunder:

(3.) Since the defendant and his wife Meena could not live together, they entered into an agreement and accordingly towards the maintenance of the plaintiffs mother, property mentioned as schedule A to the plaint was given under registered settlement deed dt. 18.1.2001 retaining plaint B schedule property to the share of the defendant. It is also the specific case of the plaintiffs that since plant A schedule property has been given to the share of their mother towards her maintenance, the plaintiffs and the defendant are entitled to 1/3 share each in plaint B schedule property. Contending that the demand made by them to give their 1/3 share was not considered by the defendant, suit came to be filed for the following reliefs: