NARAYANASWAMY Vs. RATHNAMMA

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellants and the learned counsel for the respondents.

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

(3.) The factual matrix of R.S.A No.1810/2007 is that a suit is filed by the plaintiffs seeking the relief of partition and separate position in respect of item Nos.1 and 2 of the suit schedule properties claiming that they are entitled for 1/3rd share each in all the suit schedule properties. It is contended in the plaint that plaintiff No.1 is the mother and plaintiff Nos.2 and 3 are her daughters through her husband late Munivenkataswami. It is contended that the late Munivenkataswami and the defendants are own brothers and they are the sons of late Nanjappa. The defendant No.3 is the mother of defendant Nos.1 and 2 and late Munivenkataswami. The suit schedule properties are all ancestral and joint family properties consisting of themselves and the defendants. During the lifetime of Nanjappa, he was the Karta of the joint family and after his death, the elder son of the family that is late Munivenkataswami was managing the affairs of the joint family and enjoying the suit schedule properties jointly. Late Munivenkataswami was working in ITI and after his death, all the benefits of rents invested in construction of the house, digging well and installing pump set. It is contended that the husband of the first plaintiff Munivenkataswami died about 20 years back and after his death, they continued as members of the joint family. The joint family is owning the suit schedule lands and the family is having sufficient income, Out of the said income, the joint family constructed a residential house and there is no division or partition in the joint family and hence, the plaintiffs are entitled for 1/3rd share.