DODDAAMALLAPPA, Vs. HUCHAPPA,

JUDGEMENT

(1.) THIS is the first defendant's appeal against the judgment and decree of the Trial Court which has partially decreed the suit of the plaintiff for partition and separate possession.

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

(3.) ONE Doddamallegowda was the propositus. He had two sons by name Mudiyanna and Kariyanna. Both of them had no issues. Therefore, they adopted Papanna and Sannamallappa as their sons. Papanna S/o.Mudiyanna had three sons and two daughters by name Doddamallappa, the 1st defendant, Ramappa, Huchappa (plaintiff), Lakkamma and Hanumanthamma. Both the daughters are married long back. The 2nd son of Papanna died in the year 1978 leaving behind the plaintiff and the 1st defendant as his legal heirs. This relationship is not in dispute. The case of the plaintiff is, all the suit schedule properties are the ancestral and joint family properties of the plaintiff and the 1st defendant. The khatha of the suit schedule properties stands in the name of the 1st defendant because he is the elderly person in the family.