R SHANTHAMMA Vs. DASEGOWDA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the appellant.

(2.) This appeal is filed challenging the judgment and decree dtd. 14/8/2017 passed in R.A.No.5060/2016 on the file of the IV Additional District and Sessions Judge, Madhugiri.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that the plaintiff who is the daughter of Thimmappa has filed the suit seeking the relief of partition and separate possession and defendant No.2 contested the matter contending that she had purchased the property for valuable consideration of Rs.11,94,000.00 and same is also sold for the legal and family necessities and hence, she is the bonafide purchaser of the suit schedule property. The plaintiff in order to prove her case examined herself as PW1 and got marked the documents at Ex.P1 to P10. On the other hand, the defendants have examined one witness as DW1 and not produced any documents. The Trial Court having considered both oral and documentary evidence placed on record decreed the suit in part in coming to the conclusion that purchaser is the bonafide purchaser and hence, only granted the relief in respect of item No.2 i.e., the house property and rejected the relief in respect of item No.1 i.e., agricultural property and granted 1/9th share in the suit schedule item No.2 property. Being aggrieved by the judgment an decree of the Trial Court, an appeal was preferred before the First Appellate Court. The First Appellate Court on re- appreciation of both oral and documentary evidence placed on record allowed the appeal and granted 1/4th share in respect of item No.2 property and 1/2 share in suit item No.1 property. Hence, the present appeal is filed before this Court.