SUSTHAMMA Vs. SHASHIKALA

JUDGEMENT

(1.) Respondent/plaintiff has filed the suit O.S.No.75/2009 [old O.S.No.51/2003, Principal Civil Judge (Senior Division) Davanagere], on the file of II Additional District Judge, Davanagere, for the relief of partition and separate possession of share of the plaintiff in the suit schedule property. The said suit was decreed by the trial Court by the impugned judgment and decree dtd. 3/9/2010; the same is challenged in the present appeal by defendant No.1.

(2.) I refer to the parties as per their ranking before the trial Court.

(3.) Brief facts of the case of the plaintiff are that, father of the plaintiff by name Swamyappa had two wives. First wife was Late Smt. Hanumavva and after her death deceased Swamyappa married defendant No.2 - Girijamma. Out of the wedlock of Swamyappa and Hanumavva, defendant No.1 was born. Out of wedlock of Swamyappa and Girijamma - (defendant No.2) three children were born i.e., plaintiff, defendant Nos.3 and 4. During the life time of Swamyappa, the property belonging to his ancestor were partitioned between Swamyappa and his brothers under registered partition deed dtd. 16/10/1993. In the said partition, suit properties were allotted to the share of Swamyappa. During his lifetime, he was in peaceful possession and cultivation of the said lands. After his death, plaintiff and defendants are in possession and cultivation of the said land. Plaintiff is in joint possession and enjoyment of the suit property and there was no partition. Plaintiff demanded for partition with defendant No.2 and she refused to effect the partition. Therefore, plaintiff was constrained to file the suit. With these reasons, she sought for relief of partition and separate possession in the said suit schedule property.