NARASIMHEGOWDA Vs. PUTTALAKSHMAMMA

JUDGEMENT

(1.) This second appeal is filed by defendants 2, 3 and 4 in a suit for partition which was decreed by the trial court holding that the plaintiff was entitled to 5/12 share in suit properties. The said judgment being challenged in an appeal preferred in the court of Senior Civil Judge resulted in its dismissal and hence this second appeal.

(2.) The substance of the pleadings is this: Chaluve Gowda, Narasimha Gowda and Ugre Gowda were the sons, and Singamma, Lakshamma and Narasamma were the daughters of Singre Gowda. Chaluve Gowda was the son born to the first wife of Singri Gowda and the rest to his second wife. Plaintiff is the daughter of Chaluve Gowda, and she averred that since all the suit properties were ancestral joint family properties, she had more than 1/8 share in them; and when she demanded for her share, defendants 2 and 3 not only denied her share but also treated her cruelly. The third defendant obtained mutation of revenue records of land in survey No.37 of Dugganahalli in favour of his wife i.e., the fourth defendant and it was to be cancelled. With these allegations she claimed the reliefs of partition and cancellation of mutation of revenue records made in the name of 4th defendant.

(3.) The third and fourth defendants admitted the relationship as stated by the plaintiff, but denied plaintiff's right to claim partition on the premise that in the year 1948 itself the plaintiff's father separated from the joint family by relinquishing his right over suit properties having received a sum of Rs.350.00 and 21 guntas of wet land situate at Dugganahalli. They also stated that after the death of Chaluve gowda, his widow i.e., the first defendant, who is also the mother of the plaintiff sold 21 guntas of land to her father-in-law by executing a registered sale deed; and the plaintiff being aware of all these transactions was not entitled to claim partition in the suit properties.