S. GANGADHAR Vs. SHANKARAPPA

JUDGEMENT

(1.) THIS appeal is by the unsuccessful plaintiff whose suit for partition has been dismissed. The relationship between the parties is not in dispute. For the sake of convenience, parties are referred to by their rank in the Trial Court.

(2.) PLAINTIFF and 2nd defendant are the sons of 1st defendant and 3rd defendant is the daughter of 1st defendant. Plaintiff filed the suit seeking partition and separate possession of his 1/3rd share in the suit schedule properties and for exclusive possession of the same and also for mesne profits. Properties described in schedule 'A' consisted of two items of immovable properties. Item No. 1 is premises bearing Door No. 523 situated at High School Extension, Harihar and item No. 2 property consisted of four shop premises and two houses bearing common Door Nos. 1628/1518/1632 situated at Shimoga Road, Harihar. Schedule 'B' properties are five items of movable properties.

(3.) AS the 1st defendant was trying to alienate the suit schedule properties and threatened the plaintiff that he would be evicted from the two shop premises under his occupation, he was forced to file the suit seeking partition and separate possession of his 1/3rd share. It is noticed that initially 3rd defendant, sister of the plaintiff was not made party to the suit, but subsequently, she has been impleaded.