KUMAR SHARAN Vs. KUM. ANIL

JUDGEMENT

(1.) Anil, the son of Siddavva through Shanmukappa instituted a suit against Sharan, who was the son of Shanmukappa through his second wife Laxmibai.

(2.) Anil contended that the suit properties were joint family properties and he was entitled to a share. He also contended that the suit properties and other properties which were situate at Tamba Village were the ancestral properties of the plaintiff and the defendant and the family of the plaintiff and defendant were enjoying the properties including Block No.306 which has been purchased out of the income from the ancestral properties jointly.

(3.) He specifically contended that his grandfather Irasiddappa had effected a partition of the family properties including the suit properties amongst himself, his sons and his grandsons (i.e., the plaintiff and the defendant) in the year 2003 and in the said partition, the suit properties had been received jointly by them i.e., Anil and Sharan. It was also stated that the other properties were allotted to his grandfather and the other sons of his grandfather. He stated that this partition was given effect to vide mutation entry in M.E.No.3266 on 3/5/2003 and ever since, the names of the plaintiff and defendant were reflected in the record of rights as joint owners and they were in joint possession. He, therefore, contended that he was entitled to half a share in the suit properties.