SHYAMARAO Vs. HANAMANT

JUDGEMENT

(1.) The appellant has challenged the judgment and decree in O.S. No. 20 of 2005, dated 30th August, 2006, dismissing the suit for declaration and injunction. The parties would be referred to as per their ranks before the Trial Court for the sake of convenience.

(2.) The facts relevant for the purpose of this appeal are as follows:

(3.) As contended by the plaintiff, there was an oral partition in the year 1959. In the partition, the lands bearing Sy. Nos. 72/1 and 72/2 (C.S. Nos. 106/A and 106/B) which are the suit properties said to have fallen to the share of the father of the plaintiff and the 4th defendant; they were said to be the dry lands; the other property bearing Sy. No. 5/2 (C.S. No. 11) measuring 5 acres which is said to be an irrigated land said to have fallen to the share of Annaraya, the father of defendants 1 to 3 and the husband of defendant 2; the plaintiff's fathers name came to be entered in the record of rights all along till he died in the year 1975 and thereafter, the names of the plaintiff, defendant 4 and another brother who died unmarried later were entered; they claimed that they are the absolute owners in possession of the suit property in pursuance of the oral partition and the defendants 1 to 3 have no right title or interest of whatsoever type in it.