SAIDAPPA Vs. SUSHILABAI

JUDGEMENT

(1.) The respondent had filed a suit against the appellant - Saidappa seeking for partition contending that the suit properties, which were the properties of her mother was required to be divided and she was entitled to be granted half a share on the death of her mother on 02 08.2011.

(2.) The appellant-Saidappa denied this claim and contended that the house property had not been included in the suit. He, however did not deny the relationship and also did not deny the fact that the suit properties came to their mother through their grand-mother.

(3.) The Trial Court taking note of this plea came to the conclusion that both plaintiff and defendant being the children of Gangamma, both of them were entitled to an equal share and accordingly, decreed the suit.