BABASO PANDU CHAMBAR Vs. BANDU BABAJI CHAMBAR

JUDGEMENT

(1.) The defendant in O.S. No. 98/2002 has preferred this appeal impugning the judgment and decree dtd. 28/9/2006 on the file of the learned Civil Judge (Sr. Dn.), Chikodi (hereinafter referred to as the trial Court), decreeing the suit for partition and separate possession and holding that the plaintiff nos.1 and 2 are entitled to 1/3re share each in the suit schedule property, whereas the defendant is entitled for the remaining 1/3rd share.

(2.) Brief facts of the case are that; Plaintiff nos.1 and 2 have filed suit for partition and separate possession of the schedule properties by metes and bounds. It is contended that one Babaji Chambar is the father of three sons, Gunda, Bandu and Pandu and Tulasa is the wife of Babaji Chambar and mother of Gunda, Bandu and Pandu. The second son Bandu is plaintiff No.1. Wife of Gunda is plaintiff No.2. Son of Pandu is the sole defendant. The schedule 'A' appended to the plaint describes Sy. No. 131/12 and 131/15 measuring 0.20 and 1.06 acres respectively including 'pot kharab', situated at Manakapur village, Chikkodi Taluk.

(3.) On the basis of these pleadings, the following issues were framed.