S. MAHADEVAPPA Vs. PUTTALINGAIAH

JUDGEMENT

(1.) THE plaintiff in OS No. 6766 of 2006, on the file of XXII Additional City Civil Judge, Bangalore, has filed this appeal under Section 96 CPC, being aggrieved by the dismissal of the suit filed by him for the relief of partition and separate possession of the property described in the schedule appended to the plaint.

(2.) FOR the sake of convenience, the parties would be referred to as per their ranking in the family court.

(3.) THE case of the plaintiff is that the suit schedule property was purchased in the name of the deceased first defendant Shivamma and that she did not have any independent income as such. It is his case, as projected before the trial court, that he had contributed finance to his mother in order to purchase the suit schedule property and to get the property released from the Bangalore Development Authority [BDA]. He is said to have helped his mother in putting up a residential house in the suit schedule property. With these pleadings, he had requested the court to grant 1/3rd share in the suit schedule property and to order for division of the same by metes and bounds.