CHAMU JINAPPA SHERI Vs. SAVITRI YESHWANTRAO CHAGULE

JUDGEMENT

(1.) THE appeal filed against the judgment and decree passed in RA No. 5/96 on the file of District Judge, Belgaum arising out of the judgment and decree passed in O. S. No. 44/92 on the file of Additional Civil Judge, Belgaum.

(2.) THE appellants are defendants 1, 2, 4, 5 and 7 to 13 in the suit. The respondents 1 and 2 are the plaintiffs filed a suit for partition and share in the suit schedule property bearing Sy. No. 829 measuring 2 acres 3 guntas situate in Belgaum City. According to plaintiff =s pursuant to the arbitration the family properties case to be divided and registered in a partition deed marked at Ex. P. 1 dated 4-10-1963. One Jinnappa is the propositus. The defendants 1 and 2 and one Nemanna are the sons of Jinnappa. The defendant No. 3 and plaintiffs 1 and 2 are the daughters of Jinnappa. Nemanna is dead. The plaintiffs contend that there are not consenting parties to the arbitration and to the award and also not parties to the partition deed. Therefore the terms of partition deed would not bind them and they are entitled to 1/6th share each in the suit property.

(3.) UNDER the partition deed a limited interest in the suit property was created in favour of the appellant Jinnappa and Jivabalawwa and after their life time it is said that the property to devolve jointly on defendants 1,2 and Nemanna. Jinnappa died in the year 1992 Nemanna died in the year 1994. The defendants contend that by terms of partition, their parents had only limited interest and later on the defendants 1 and 2 and deceased brother Nemanna succeeded to the property. Therefore the plaintiffs have no right to seek partition in the suit properties. The plaintiffs alternatively contend that property given to their mother Jivabalwwa enlarges into a full estate u/s. 14 and that they are entitled to a share in the property.