SATTEWWA Vs. RANGAPPA

JUDGEMENT

(1.) This is an appeal filed by the legal heirs of defendant No.1 challenging the judgment and decree passed by the Principal District Judge, Belagavi in R.A.No.211/2010 dtd. 3/9/2012 whereby the leaned District Judge has set-aside the judgment and decree of the Trial Court and granted half share to the plaintiff in the suit schedule properties.

(2.) For the sake of convenience, parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The brief factual matrix leading to the case are as under: That the suit schedule properties are described in schedule in detail. That, one Siddappa was the propositus and he had a wife byname Yallavva and she had two sons i.e. defendant No.1 and plaintiff, while defendant No.2 is the daughter, who was not impleaded initially. The propositus-Siddappa died in the year 1954 leaving behind his wife, two sons and a daughter as his legal heirs. Yallavva expired in the year 1993. Since the propositus died in 1954, the daughter i.e. defendant No.2 is not entitled for any share. That, the plaintiff and defendant No.1 constitute a joint family governed by school of Mitakshara. That, the suit schedule properties at item No.1 to 4 are joint family properties and propositus-Siddappa, plaintiff and defendant No.1 were enjoying and cultivating the suit properties jointly. That, after the death of Siddappa, defendant No.1 was managing the affairs of the joint family and out of the income, suit schedule item No.5 to 8 properties were purchased in the year 1968. It is also asserted that the plaintiff and defendant No.1 have jointly mortgaged item No.5 to Primary Agricultural Development Bank, Gokak and subsequently, the loan was repaid by the plaintiff and defendant No.1 and mortgage was redeemed. There was no partition between the parties by metes and bounds and taking disadvantage of name of defendant No.1 appearing to the suit schedule item No.5 to 8 properties, he is disputing the joint family status and hence, the plaintiff has filed the suit.