S JAYASHEELA Vs. G SAROJAMMA

JUDGEMENT

(1.) THIS is plaintiff s Regular First Appeal challenging the judgment and decree passed by the trial Court that the plaintiff was not given equal share in item Nos. 1 to 8 of A schedule properties and no share is given in respect of items 9 to 19 of the suit A schedule properties.

(2.) THE plaintiff is the daughter of Sri B.R.Sriram who died on 15.6.1993. The first defendant is the widow of Late B.R.Sriram and mother of the plaintiff. Defendants 2 and 3 are the brothers and 4th defendant is the sister of the plaintiff. Sri B.R.Sriram died intestate. The parties are Hindus and they are governed by the provisions of the Hindu Succession Act as amended by Act of 1990. 5th defendant was made party to the suit as she is claiming item No.7 under the alleged gift deed said to have been executed by the grandfather of the plaintiff Sri Ramakrishnappa in respect of item No.7 of A schedule property.

(3.) THE case of the plaintiff is that Sri B.R.Sriram had inherited several movable and immovable properties from his father late Sri B.R.Ramakrishnappa. He was the kartha of the Hindu undivided family consisting of himself and the parties herein. He used to manage the properties and the family affairs during his life time. He acquired the ancestral properties which are more fully described in A schedule to the plaint. Apart from co -parcenary properties he also got to his share in the other properties both movable and immovable. The movable properties are more fully described in the B schedule to the plaint. The plaintiff has got 1/5th share in the movable properties as well. After the death of Sri B.R.Sriram, the defendants 2 and 3 have taken over the management of all the properties. The plaintiff sought for her 1/5th share in the suit schedule properties. A legal notice was issued which was returned with the shara door locked . Defendants failed to effect a partition.