Y.J. MOHAN KUMAR Vs. Y.J. INDRAKUMAR

JUDGEMENT

(1.) THIS Regular First Appeal is directed against the judgment and decree dated 15.01.2005 passed by the learned XVIII Addl. City Civil Judge, Bangalore, decreeing the suit filed by the 1st respondent for, partition and separate possession of his 1/8th share in the suit schedule property.

(2.) FOR the sake of convenience, the parties are referred to by their rank in the Trial Court.

(3.) ONLY the 3rd defendant -appellant herein filed written statement denying the plaint averments. He urged that the suit property was purchased out of the self earnings of his mother Smt. Sree Padma out of the income derived from rearing cows and vending milk. He set up a Will dated 19.07.1994 alleged to have been executed by his mother bequeathing the suit schedule property in favour of the 3rd defendant. He urged that after the death of the testator -Smt. Sree Padma, he became the absolute owner of the suit schedule property and was in exclusive possession of the same. He further urged that the plaintiff and the 1st defendant separated from the family even during the life time of Smt. Sree Padma and therefore, plaintiff was not entitled to any share. He also contended that if the Court were to hold that the suit property was the joint family property, then the properties bearing Nos. 10 and 11, 4th 'A' Main Road, K.R. Garden, Murugeshpalya, Bangalore, may also be treated as joint family properties liable to be included and made subject matter of partition.