KARIYAVVA Vs. HANUMANTAPPA MALLURAPPA

JUDGEMENT

(1.) This appeal by the plaintiffs is directed against the judgment and decree dated 15-10-1982 made in OS No. 62 of 1979 on the file of the Court of the Civil Judge, Ranebennur, partly decreeing their suit for partition and separate possession. The appeal is in the list of cases for admission for the day. However, notices having been issued to the respondent before the admission, Sri W. K. Joshi, learned counsel entered his appearance for respondent. This appeal is admitted and, with the consent of learned counsel on both sides, taken-up for final-hearing and disposed of by this judgment. Parties will hereinafter be referred to in relation to their array in the court-below.

(2.) The facts are these : The first plaintiff Smt. Kariyavva is the second wife of one Mallurappa. Halavva, the second-plaintiff, is Mallurappa's daughter by Kariyavva. There was another daughter, Saroja, who died as an infant. Defendant, Hanumanthappa, is Mallurappa's son from his first-wife Rudravva. Rudravva predeceased -Mallurappa. The suit- properties constitute the joint-family properties. Mallurappa died on 16-7-1958. The plaintiffs, as the intestate heirs of Mallurappa, brought the present suit for partition and separate possession of their share in the suit properties. They together claimed a 7/12 share. In doing so, they also included the share of the daughter Saroja which, plaintiffs claimed, they were entitled to as Saroja's heirs. This presupposes that Saroja died after 16-7-1958.

(3.) Defendant-Han umanthappa's defence was that Item No. IA was his separate property and was not liable to partition. He also disputed the existence and partibility of the moveables.