MUNIYAPPA Vs. KRISHNAPPA

JUDGEMENT

(1.) FIRST defendant represented by legal representatives, aggrieved by the judgment and decree dated 31 -3 -2000 in O.S.610/02 on the file of the Additional. Civil Judge Jr. Division, Bangalore, Raichur District filed R.A.93/2000 before District and Sessions Judge, Fast Tract Court -V Bangalore Rural District, which when dismissed by judgment and decree dated 23 -2 -2008, have preferred this second appeal.

(2.) SRI .S.A.Sami, learned counsel for the appellants, submits that appellants restrict their appeal in so far as it relates to land in Sy.,No.427/1, measuring 0 -24 guntas, Amani Ballandur village, K.R.Puram Hobli, Bangalore South Taluk, the suit item No.6, and land measuring 1 acre, 11 guntas in Sy.No.13/3, White Field, K.R.Puram Hobli, Bangalore South Taluk, one of the properties included in plaint schedule item No.1.

(3.) FIRST respondent instituted O.S.610/92 arraigning the appellant, since represented by legal representatives as first defendant and respondents 2 to 5 as defendants 2 to 5 while the 6th defendant was the son of the first defendant and presently the appellant No.1(b) for declaration, partition and separate possession of the suit schedule properties said to be joint family ancestral properties belonging to the Propositus by name Pillappa. According to the plaintiff Pillappaa left behind a son by name Venkatappa whose children are the plaintiff and defendants. Plaintiff asserted that the parties constituted a Hindu undivided joint family in joint possession and enjoyment of the suit schedule properties. Although the plaintiff was the first son nevertheless first defendant was the kartha of the joint family. He further asserted that some of the suit schedule properties purchased by the fist defendant were from out of the income of the joint family properties and that neither during life time of Pillappa or Venkatappa or thereafterwards there was a partition of the suit properties.