NINGAPPA Vs. SHANKAR SELF STYLED AS

JUDGEMENT

(1.) THIS is an appeal by the defendants of an original suit bearing O.S.No.46/1976, which was pending on the fi le of the Court of Civi l Judge (Jr.Dn. ), Dharwad.

(2.) APPELLANTS were the defendants in the said suit. Deceased respondent Shankar was the only plaintiff in the said case. Parties wi l l be referred to as plaintiff and defendants as per their ranking given in the trial Court.

(3.) CLAIMING himself to be the son of the deceased 1st defendant Kal lappa through his second wife Venkavva, plaintiff had fi led a suit for the relief of partition and separate possession claiming 1/5th share in al l the schedule properties. According to the plaintiff, 1st defendant Kal lappa married his mother Venkavva and as a result of the said cohabitation, he was born in the year 1942. Since the marriage of Venkavva with the 1st defendant was prior to the coming into force of the Bombay Prohibition of Bigamy Act, 1943, he is stated to be the son entitled to 1/5th share. According to him, his mother Venkavva and 1st defendant lived as husband and wi fe under the same roof for quite a long time and residents of Navalur vi llage had recognized them as husband and wife.