VOKKALINGARA SHARADA Vs. VOKKALIGARA PUTTAMMA MAJOR

JUDGEMENT

(1.) THIS is an appeal filed by the plaintiff of an original suit bearing O.S. No. 91/1998 which was pending on the file of the Civil Judge (Sr. Dn.), Virajpet. Suit filed for the relief of partition and separate possession by the plaintiff has been dismissed vide considered judgment dated 14.11.2007. It is this judgment which is called in question on various grounds as set out in the appeal memo.

(2.) RESPONDENTS herein are the defendant Nos. 1 to 14 as per their ranking given in the Trial Court. During the pendency of this appeal, first defendant who is the mother of the plaintiff died and since plaintiff and remaining defendants are her legal heirs, they have been treated as her legal representatives. Parties will be referred to as the plaintiff and defendants as per their ranking given in the Trial Court.

(3.) ACCORDING to the plaintiff, neither schedule 'A' properties nor schedule 'B' properties have been partitioned at any time either during the lifetime of Boraiah or subsequent to his death. Saraswathy's marriage was solemnized in the year 1960. Devamma's marriage was solemnized in the year 1965, Boji's marriage was solemnized in the year 1968 and the plaintiffs marriage was performed in the year 1971. As such, she is entitled to 1/10th share in schedule 'A' and 'B' properties, is the averment. She is deemed to be in joint and constructive possession of the suit schedule properties. Inspite of getting a legal notice issued to the defendants, they did not come forward to give her legitimate share and hence, she was forced to file a suit for partition and separate possession.