PADMAVVA Vs. BASAPPA

JUDGEMENT

(1.) The suit for partition filed by the plaintiffs claiming 1/4th share in suit schedule properties is decreed in part awarding 1/4th share in property bearing CTS No.4038 of Ranebennur, Haveri District. The suit in respect of all other properties is dismissed on the premise that the properties are self-acquired properties of one Ramappa. Defendants No.1 to 6 and defendant No.23 are the persons claiming under Ramappa.

(2.) The defendants have not filed any appeal and they have accepted the judgment and decree passed by the trial Court.

(3.) Learned counsel appearing for the appellants would submit that the trial Court erred in dismissing the suit for partition in respect of other properties though it is established that the properties are the properties acquired from joint family nucleus. It is also his further contention that the evidence on record is not properly appreciated. He would contend that once the property bearing CTS No.4038 is held to be an ancestral property, the Court should have proceeded on the presumption that the remaining properties are acquired with the aid and assistance of joint family nucleus and as such the suit for partition could not have been dismissed in respect of other properties.