DODDEGOWDA Vs. CHANDRAPPA,

JUDGEMENT

(1.) THIS is an appeal filed by the first defendant of an original suit bearing O.S.No.113/2001 under Section 96 of CPC challenging the judgment and decree passed by the learned Senior Civil Judge, Arsikere, in O.S.No.113/2001 on 29.03.2006. First respondent herein is the plaintiff in the said suit. Other respondents 2 to 5 are defendants 2 to 5 in the said suit. Parties will be referred to as plaintiff and defendants 1 to 5 as per their ranking given in the trial Court.

(2.) PLAINTIFF had filed a suit seeking declaration to the effect that he is the only legal representative of deceased Thimmegowda and that he is entitled for 1/3rd share in all the suit schedule properties on the basis of a Will executed by deceased Thimmegowda in his favour and for mesne profits as contemplated under Order 20 Rule 12 of CPC. As many as 15 items of immovable properties have been mentioned in the schedule appended to the plaint.

(3.) ACCORDING to the plaintiff, Thimmegowda of Maragondanahalli Village, Javgal Hobli, Arsikere Taluk, had a wife by name Eramma and the said Eramma predeceased him. First defendant Doddegowda is the son of the said Thimmegowda. Defendant No.2 Veenakshmma, is the daughter -in -law of the said Thimmegowda, being the wife of his deceased son Girishappa. Defendants 3 to 5 are her children born out of her marriage with Girishappa s/o Thimmegowda. Deceased Thimmegowda was stated to be managing all the joint family properties as the karta of the joint family. According to the plaintiff, the family members of Thimmegowda did not look after Thimmegowda well and on the other hand, they ill -treated him, as a result of which, he had to leave joint family house. In order to pay off the debts of the joint family, Thimmegowda had sold item No.1 in Sy.No.29/1 measuring 2.13 acres of land of Kelagina Hosahalli Village in favour of one A.S.Malleshappa, S/o Siddamariappa of Arkere Village, Javgal Hobli, Arsikere Taluk, through a registered sale deed. It is his specific averment that Thimmegowda was not given either food or shelter by the defendants and the said Thimmegowda started living in the house of his well -wisher.