M.T. GANGADHARAPPA Vs. SHIVAMMA

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the appellant.

(2.) This appeal is filed challenging the judgment and decree dtd. 27/6/2019, passed in R.A.No.7/2012, on the file of the Senior Civil Judge and JMFC, Tiptur.

(3.) The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of partition and separate possession of half share of the suit schedule properties is that the suit schedule properties are the ancestral joint family properties and all the suit schedule properties were standing in the name of the original propositus Thimmaiah and the defendant got transferred the property and inspite demand was made for partition, has declined to grant any share and hence the plaintiff is entitled to the relief of partition and separate possession. In pursuance of the suit summons, the defendant appeared before the Trial Court and filed the written statement contending that the partition was taken place on 25/2/2008 during the lifetime of the father and the plaintiff has received an amount of Rs.2,00,000.00 towards her share and also has signed on the partition deed and there is no existence of any joint family. Based on the pleadings of the parties, the Trial Court has framed the issues and with regard to the defence of the defendant, an additional issue was also framed and the plaintiff has examined herself as P.W.1 and marked the documents at Exs.P.1 to 8. On the other hand, the defendant examined himself as D.W.1, but not subjected for cross-examination and hence his evidence was discarded and the documents at Exs.D.1 to 5 were marked. The Trial Court after considering both oral and documentary evidence placed on record, decreed the suit granting half share in favour of the plaintiff in coming to the conclusion that the alleged partition was not proved. Hence, an appeal was filed before the Appellate Court in R.A.No.7/2012.