CHIKKAPUTTEGOWDA Vs. PATEL DASE GOWDA

JUDGEMENT

(1.) THIS appeal filed against the judgment and decree passed in R. A. No. 108 of 1994 on the file of Civil Judge (Senior Division), arising out of the judgment and decree passed in O. S. No. 616 of 1989 on the file of munsiff, Srirangapatna. The appellant is the plaintiff filed a suit for partition and possession of 1/3 share in the suit lands. The respondents are the defendants in the suit. Respondent 1 and the husband of 4th defendant are the brothers of the plaintiff/appellant. One Patel thimmegowda is the father of the plaintiff and first defendant and husband of defendant 4. According to the plaintiff the suit lands are the tenanted lands of the joint family. The brothers got divided under Ex. D. 4 during the lifetime of their father. The plaintiff was a minor then. After the partition and during the lifetime of Patel Thimmegowda the first defendant and husband of 4th defendant were granted occupancy rights under the Karnataka Land Reforms Act.

(2.) IT is the contention of the plaintiff that the tenancy was obtained by the father, therefore it is a joint family tenancy and he has a share in the suit lands. The Trial Court dismissed the suit on the ground that the plaintiff has failed to prove that the tenancy of the suit lands was a joint family tenancy. The first Appellate Court dismissed the appeal on the ground that the Civil Court has no jurisdiction to decide the question of the status of tenancy in view of the ruling of the Supreme Court in mudakappa v Rudrappa and Others. Hence, the second appeal.

(3.) THE following substantial question of law is framed for consideration in this appeal: