MALLAPPA Vs. MALLAPA

JUDGEMENT

(1.) This is a plaintiffs' appeal against the judgment and decree of the Trial Court which has dismissed the suit of the plaintiff on the ground that they have failed to prove existence of joint family and the suit schedule properties are joint family properties. The subject-matter of suit is 4 agricultural lands which are more particularly described in Schedules A and B house properties which are more particularly described in Schedule A at Sl. Nos. 1 to 8.

(2.) The plaintiff has set out the genealogy out in para 3 of the plaint. It discloses that one Mallappa was the propositus. He had 3 sons by name Allappa, Ningappa and Khanchappa. Ningappa died issueless on 18-9-1946. Allappa died on 23-6-1983 and Khandappa died on 4-7-1988. Plaintiffs 1 to 3 are his sons and defendants is his daughters and defendant 11 is the daughter's daughter.

(3.) The case of the plaintiffs is after the death of Allappa, Ningappa and Khandappa, there is no partition between the plaintiffs and defendants by metes and bounds. The suit properties are the ancestral joint family properties of the plaintiffs and the defendants. They are in actual joint possession of the suit properties. The plaintiffs purchased the property bearing R.S. No. 19/2+3/1 measuring 5 acres 24 guntas of Jaganur Village out of their own self earnings and therefore the suit property is their self-acquired property. The defendants are in no way concerned with the suit property. When defendants 1 to 4 tried to disturb their possession, they filed a suit O.S. No. 93 of 2004 on the file of the Civil Judge (Junior Division), Chikodi, which is pending. When the defendants started disturbing the plaintiffs' enjoyment of the suit properties, they were constrained to file a suit for partition claiming 1/2 share in all the plaint schedule properties.