R.SRINIVAS Vs. LAKSHMAIAH

JUDGEMENT

(1.) The son of the deceased original plaintiff is in appeal challenging the dismissal of the suit that he had instituted for partition against his brother and two others.

(2.) The suit was filed by the father of the appellant contending that the suit property had been re-granted to his father--Chikkamadaiah on 14/10/1958 by the Special Deputy Commissioner and thereafter, there was a partition effected on 17/8/1967 amongst the plaintiff, his brother (defendant No.1) and his mother--Thippamma. It was contended that, in the said partition, the suit property measuring 22 guntas of Sy.No.203 was allotted to the share of his mother--Thippamma. It was also stated that Thippamma died intestate in the year 1968 and as a consequence, the plaintiff and defendant No.1 became entitled to half a share in the suit property and since the same was not given to the plaintiff despite several demands, the suit had been instituted.

(3.) The suit was contested by defendant No.1. Defendant No.1 admitted the relationship as also the fact that the land had been re-granted to his father and thereafter there had been a partition among him, plaintiff and his mother. It was also admitted that in the said partition of the year 1967, the suit property had fallen to the share of his mother--Thippamma.