RAMAPPA BASAPPA PALLED ALIAS BUDANNAVAR Vs. BASAWA

JUDGEMENT

(1.) this appeal is by the two sons of the original defendant, who died after the suit was decreed. 1st respondent is the plaintiff; she sought partition andclaimed half share in the properties described in the schedules to the plaint.according to the plaintiff, her husband died as an undivided member of thejoint family which possessed the suit properties and that she was entitled to ashare in respect of which her husband had a right.

(2.) basappa was the common ancestor; ramappa and shivappa are his sons; ramappa is the defendant; plaintiff is the widow of shivappa. Ramappa hastwo sons and five daughters. The two sons are the present appellants andrespondents 2 to 6 are the daughters of the said defendant. Plaintiff has adaughter who is not a party to these proceedings. Ramappa died on 27-2-1991.according to the plaint case, the joint family of basappa had a family house andleasehold agricultural lands and his eldest son ramappa was managing thefamily affairs; the family had good income; savings were with the defendantwhich were utilised by him to acquire further properties. Defendants contendedthat except the family house, all the suit properties belonged to him as they arehis self-acquired properties.

(3.) the trial court framed the following issues :