RADHA Vs. VENKATAPPA

JUDGEMENT

(1.) The unsuccessful plaintiff has filed this appeal being aggrieved by the dismissal of the suit filed by her claiming partition and separate possession in the plaint schedule property. The suit was instituted by her in O.S. No. 7768 of 2005 on the file of 1st Additional City Civil Judge, Bangalore, which suit came to be dismissed on 11-8-2011. The facts leading to this appeal are as hereunder:

(2.) The suit was contested by the 1st defendant. According to him, the plaint schedule property is not inherited by him as a coparcener and it is not ancestral property. The suit property was the self-acquired property of his late father Narasimahaiah. After the death of Narasimahaiah, all the children divided the property under registered deed dated 15-2-1973. Since the suit property and other properties which were allotted to the other brothers were not the ancestral or joint family property of his father as his father was enjoying the same as an absolute owner and died intestate, the 1st defendant is entitled to part with the property in any manner he likes. According to him, the suit property has been gifted to the defendants 2 and 3 who are the children born to the 1st and 2nd wife of him respectively. In the circumstances, he requested the Court to dismiss the suit.

(3.) Based on the above pleadings the following issues framed by the Trial Court: