C.N. CHANDRASHEKAR Vs. SHIVAMMA

JUDGEMENT

(1.) In this appeal, the 10th defendant has challenged the judgment and decree dtd. 15/6/2011 passed in O.S.No.409/2009 on the file of the IV Additional Senior Civil Judge, Mysore (for brevity 'the Trial Court') in decreeing the suit of the plaintiffs for partition granting 2/4th share in Sy.No.91/2 of Gohalli village, Yelwala Hobli, Mysore Taluk, measuring 3 acres 7 guntas (for short 'the suit schedule property').

(2.) For the sake of convenience, parties shall be referred as per their status before the Trial Court.

(3.) Brief facts of plaintiffs' case are, one Puttaswamaiah is the propositus. Plaintiffs, defendant No.1 and husband of 6th defendant by name Kempaiah and Ningamma are his children. Defendants No.2 to 5 are the children of defendant No.1. Defendant Nos.7, 8 and 9 are the children of Kempaiah and defendant No.6. Ningamma died issueless. The suit schedule property is the ancestral joint family property of the plaintiffs and defendants No.1 to 9. They are in joint possession and enjoyment of the same and the children of Puttaswamaiah are having equal share. After the death of Puttaswamaiah, khatha has been changed in the name of his wife Puttamma. Puttamma died on 13/7/1993. After the death of Puttamma, defendants No.1 to 9 are misusing the joint family income. The plaintiffs have demanded partition of their share, the defendants have postponed it and ultimately in the third week of June 2009, defendant Nos.1 to 9 colluding with each other sold the property in favour of third party. On obtaining the copy of the sale deed on 4/7/2009, they came to know that defendant Nos.1 and 6 after changing the khatha in their name have sold the property in favour of defendant No.10 behind the back of the plaintiffs on 8/8/2005. Hence, the plaintiffs have filed the instant suit for partition and separate possession seeking their share.