N. MANJU Vs. NARAYANA

JUDGEMENT

(1.) This appeal under Order XVI Rule 1 read with Sec. 96 of the CPC is filed by the plaintiff challenging the judgment and decree dtd. 31/3/2008 passed by the XVIII Additional City Civil Judge at (CCH No.32), Benglauru City in O.S.No.4607/2006 whereby the suit filed by the plaintiff has been dismissed.

(2.) For the sake of the convenience, the parties are referred to as per their ranking before the Trial Court.

(3.) The case of the plaintiff is that the plaintiff is the son of defendant No.1. Defendant No.1 had inherited the suit schedule property from his ancestors. The plaintiff has the legitimate share in the suit schedule property. To denial the plaintiff's share, defendant No.1 has sold the suit schedule property to defendant Nos.2 and 3. The plaintiff has demanded the partition of the suit schedule property with defendant No.1. When defendant No.1 refused to give share of the plaintiff, the plaintiff has filed the suit for partition and separate possession.