T.M.MALLAPPA Vs. KATHYAYANAMMA

JUDGEMENT

(1.) This is an appeal by the plaintiff, Mallappa.

(2.) Mallappa filed a suit seeking for a partition in respect of a residential house property bearing assessment No.3004:2895 totally measuring 15' X 85' which was situate in Basaveshwara Street of Tarikere Town.

(3.) It was the case of Mallappa that the suit property had been allotted to his father Mahadevappa under a partition and it was thus an ancestral property over which he had 1/2 share. He submitted that his father had two wives and he was the son through the first wife. He stated that Kathyayanamma - defendant No.1 was the second wife and defendants 2 and 3 were her children. He contended that Mahadeveappa had only 1/3rd share in the suit property and he had died without effecting partition and since the suit property was an ancestral property, he was entitled to a legitimate share in the suit property.