PRADEEP Vs. RATHNAMMA

JUDGEMENT

(1.) DEFENDANTS 5 and 6 in OS No.204/1998, aggrieved by the Judgment and Decree dated 22.4.2006 of the Additional Civil Judge [Jr. Dn.,], Channagiri, partly allowing the suit by declaring the plaintiffs to be entitled to 7/24th share in suit item No.1, preferred RA No.6/2010 [old No.164/2006], whence the Senior Civil Judge, Channagiri, on re -appreciation of the evidence, both oral and documentary, concurred with the reasons, findings and conclusions of the Trial Court, to dismiss the appeal by the Judgment and Decree dated 17.12.2011. Hence this second appeal.

(2.) IN the suit for declaration, partition and separate possession, instituted by the 1st respondent arraigning respondents 2 to 6 as Defendants 1[a], 1[b], 1[c], 2 and 3 respectively, while appellants as Defendants 6 and 5 respectively, asserted that the 1st defendant none other than her father -in -law held joint family properties being suit schedule items 1 and 2 and her husband by name Shivamurthaiah, the third son of the 1st defendant was entitled to a share in the said properties.

(3.) THAT suit was opposed by filing written statement of the 2nd defendant which was adopted by the appellants, inter alia, contending that the properties were the self acquired properties of the 1st defendant and were not joint family properties, though did not deny the existence of the joint family of which the 1st Defendant was the Kartha. Item No.1 of the suit schedule, it was asserted, was purchased by the 1st defendant, while suit schedule item No.2 was Stridhana property belonging to the 4th defendant.