KEMPAMMA Vs. VENKATALAKSHMAMMA

JUDGEMENT

(1.) The captioned second appeal is by the plaintiff questioning the concurrent judgments and decrees of the Courts below wherein the plaintiff's suit seeking relief of partition and separate possession is dismissed by both the Courts by recording a finding that plaintiff has failed to prove that she is the legally wedded wife of one Narayanappa @ Muniyappa.

(2.) For the sake of convenience, the parties are referred to as per their rank before the trial Court.

(3.) The facts leading to the case are as under: The plaintiff has filed the present suit by contending that she is the legally wedded wife of one Narayanappa who is also known as Muniyappa. She has further claimed that in their wedlock, she is blessed with two sons and one daughter namely, Venkateshappa, Muniraju and one daughter by name Rathnamma. Plaintiff has further pleaded that defendant is the wife of second son Venkataramanappa. Plaintiff claims that her husband Narayanappa and Venkataramanappa are full brothers and they constitute undivided joint Hindu family. Plaintiff alleged in the plaint that after marriage plaintiff started residing with her husband at Jakkasandra village and plaintiff's father-in-law was the Kartha of the family and after his demise, her mother-in-law as the head of the family was managing the ancestral properties. Plaintiff has alleged that after demise of Narayannappa, she along with her children have inherited the ancestral properties and therefore, she is entitled for half share in the suit schedule properties. The present suit is filed alleging that defendant has sold some of the ancestral properties inspite of objection by the plaintiff and therefore, the present suit is filed seeking half share in the properties.