RENUKA ALIAS REKHA Vs. ANDANAPPA

JUDGEMENT

(1.) THIS is the plaintiffs f irst appeal against the judgment and decree passed by the trial Court which has dismissed the suit of the plaintiffs.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) THE case of the plaintiffs is the defendant No.1 got married with the plaintiff No. No.3 about 28 years back. The plaintiffs No.1 and 2 are the daughters. After the birth of plaintiffs No.1 and 2, the defendant No.1 was addicted to bad sorts of habits and for no legal necessity and anticidental debt raised loan from various persons and started to move from one place to another and became most irresponsible person and totally refused and neglected to maintain the plaintiffs and for no reasons at the instigation of the defendant No.1 behind the back and without knowledge of the plaintiffs, created sham and colorable document in favour of the defendant No.3 and 4, name and styled as sale deeds . The defendant No.1 and 2 knowing ful ly wel l that the suit properties are the ancestral and in joint possession of the plaintiffs and defendant No.1 and 2 have created sale deeds in respect of Sl.No.1 property in favour of the defendant No.3 on 18.05.1987 and in respect of Sl.No.2 another concocted sale deed is executed in the name of the defendant No.4 on 11.05.1990. The properties then worth Rs.1,00,000/ - per acre but in the sale deed the consideration amount is shown as Rs.44,000/ - and Rs.45,000/ - respectively. The plaintiffs came to know about the said transactions only in the month of December 2010 when the plaintiffs demanded their share. The plaintiff No.1 is the major, the plaintiff No.2 is minor and the plaintiff No.3 is i ll iterate. The defendants caused obstructions to the peaceful, joint possession and enjoyment of the suit properties and also denied they are entitled to 1/5th share each in the suit properties. Therefore, the suit came to be filed for relief of declaration, partition and separate possession of 1/5th share in the suit schedule properties.