PONNUSWAMY Vs. K GANESHAN

JUDGEMENT

(1.) THE unsuccessful plaintiff has filed this appeal challenging the judgment and decree passed by the XXII Additional City Civil Judge, Bangalore, dated 15.01.2010, passed in O.S.No.3949/2003.

(2.) HEARD the counsel for the parties.

(3.) THE appellant/plaintiff filed the suit for partition and separate possession claiming half share in the plaint schedule properties. Two properties situated in Bangalore i.e., item no.1 at Vittal Nagar and item no.2 at Shanthinagar are the subject matters of the suit. The appellant is the paternal uncle of the defendants. The defendants are the sons of Kannuswamy, who was the elder brother of the plaintiff. The plaintiff, Ponnuswamy and Kannuswamy were the two children of Late Periyaswamy. According to plaint averments, Periyaswamy the father of the plaintiff was the kartha of the joint family. The plaintiffs father died 18 years prior to the suit. His elder brother Kannuswamy also died 16 years prior to the suit living behind him, the defendants as his sole legal heirs. It is the specific case of the plaintiff that his father Periyaswamy originally hails from Kollambalyam village in Tamil Nadu, where he had ancestral properties. He sold the same in the year 1950 -1951. Out of the sale consideration received from the aforesaid ancestral properties, he established his textile business in handloom at Vittal Nagara, Chamarajpet, Bangalore and also at Thiruvarur in Tamil Nadu.