BAPU Vs. YASHWANT SATTEPPA NIKAM

JUDGEMENT

(1.) THE appeal filed against the Judgment and decree passed in O. S. No. 29/87 on the file of Civil Judge (Sr. Dn.), Athni. The appellants are the L. Rs. of deceased plaintiff filed a suit for partition and possession of the share in "a" and 'b' schedule properties. One Satteppa Ningappa Nikam is the propositus died in the year 1930. Ningappa, Yeshawanthappa, Krishna and Hanumantha are sons of Satteppa. There was a partition in the family in the year 1946 as per Ex. D. I. The 'b' schedule lands at item Nos. 1 to 6 are the Sanadi Inam lands. The succession to the Inam lands is governed by the rule of primogeniture. In the partition deed as per Ex. D. I. the item Nos. 1 to 6 in Ex. D. 1 were given to the first defendant, as he was the eldest male member of the family. The plaintiff seeks share in the Sanadi Inam lands and also in the other suit schedule properties.

(2.) THE first defendant per. contra contends that the Sanadi Inam lands are granted exclusively his share in the partition and that the plaintiffs cannot claim any share. The Village Offices were abolished by the Karnataka Village Offices Abolition Act. The first defendant obtained regrant of the Sanadi Inam lands in the year 1971 from the Assistant Commissioner. Therefore, the defendant alternatively contends adverse possession from the date of re-grant. The first defendant got impleaded defendant Nos. 5 to 9 and seeks the relief of partition in item Nos. 1 to 6, which are in the possession of defendant Nos. 5 to 9.

(3.) THE Defendant Nos. 5 to 10 contend that the properties in their possession are self-acquired properties. Therefore, resists the claim for partition.