RATHNAMMA Vs. HIRIYAMMA

JUDGEMENT

(1.) Appellants, along with one Ramappa, son of Nanjappa, jointly instituted OS No. 246/2000 before the Additional Civil Judge [Jr. Dn.,], Kolar, arraigning respondents 1 to 7 as defendants 1 to 7, for declaration, partition and separate possession of the suit schedule properties, alleging existence of a joint Hindu Undivided Family with ancestral properties. Appellants 1 and 2 asserted to be female heirs of the Propositus by name Nanjappa, residing with respondent No. 8 - Ramappa and Defendants 1 to 7, in a joint family. The suit was resisted by filing written statement of Defendants 5 to 7, inter alia, contending:-

(2.) In the premise of pleadings of parties, the trial court framed the following issues:

(3.) The 1st plaintiff was examined as P.W. 1 and marked Ex. P1 to P8, while the Tahsildar, Malur taluk, was examined as P.W. 2 through whom Ex. P9 was marked, whereafterwards, B.N. Venkatesha Gowda was examined as P.W. 3, while for the defendants, the 6th defendant was examined as D.W. 1 and Ex. D1 to D23 were marked while K. Narayanagowda, D. Venkataramaiah and Smt. Varalakshmamma were examined as D.Ws. 2, 3 and 4 and Exhibits D24 & D25 marked in the cross examination of P.W. 2.