RAMA Vs. MASTAMMA

JUDGEMENT

(1.) The defendants of an original suit bearing O.S. No. 93/2005 which was pending on the file of Court of Civil Judge (Sr. Dn.) & JMFC, Bhatkal of Uttara Kannada District are before this Court challenging the judgment and decree passed against them on 28.02.2009 and the affirmation of the same in R.A. No. 17/2009 which was pending on the file of Court of Senior Civil Judge, Honnavar Iternating at Bhatkal.

(2.) Suit filed for the relief of partition and separate possession by Smt. Mastamma wife of Subbayya Naik, first respondent herein as plaintiff has been decreed as prayed for granting half share in the suit schedule property. The same has been confirmed in the appeal filed u/S 96 of C.P.C. in R.A. No. 17/2009. One person by name Irappa Naik had three daughters by name Durgamma, Madevi @ Kombi, Mastemma (plaintiff). The said Erappa had a younger brother by name Mastappa. According to the plaintiff, Erappa and Mastappa were residing as members of the joint family and were cultivating the schedule property as tenant. Consequent upon the death of Erappa and consequent upon the establishment of Land Tribunal as per the provisions of Karnataka Land Reforms Act (Amended), 1974, Mastappa chose to file an application seeking occupancy right for and on behalf of the joint family consisting of himself and the three daughters of his elder brother. The said Mastappa also died issueless. Third daughter of Erappa, i.e.,Mastemma, chose to file a suit for partition and separate possession of the schedule property against the children of her elder sister Durgamma. Her another elder sister Madevi @ Kombi died issueless long back. Therefore, the said Mastamma chose to file a suit seeking half share in the schedule properties.

(3.) On the basis of the above pleadings, the following issues came to be framed in Kannada, which have been translated to English.