KAMBADARANGAMMA, Vs. MALLAMMA,

JUDGEMENT

(1.) DEFENDANT represented by LRs have preferred this Second Appeal.

(2.) RESPONDENT since deceased represented by LRs and appellants since deceased represented by LRs are admittedly consanguine brothers born to the same parents. Respondent instituted OS No.461/1993 before the Civil Judge (Junior Division) and J.M.F.C. Sira arraigning the Appellants as defendants for declaring partition and separate possession of;

(3.) ON notice defendant entered appearance and resisted the suit by filing written statement denying the plaint averments and advancing the plea that land measuring 3 acres and 30 guntas including 1 gunta of 'karab' in Survey No.114/1 and the house property were the only joint family properties and after the death of their father some forty years ago, the defendant and the mother of the plaintiff since Plaintiff was a minor, got divided equally said two properties, whence, the northern half portion measuring 1 acre and 35 guntas went to the share of the defendant and the Southern half to the plaintiff's mother. The house property, Item No.2 which was divided into equal portions, the Southern portion went to the share of the defendant and northern portion to the plaintiff's mother, following which, revenue entries were recorded. It was further asserted that the land measuring 4 acres and 9 guntas in Survey No.114/2 was purchased by the defendant under a registered sale deed on 10.11.1967 for valuable consideration, from out of the self earnings of the defendant and raised loans from VSSN and PLD Bank to improve the land, whereafter he sunk a borewell, built up pump room and installed I.P.Set.