ADHILAKSHMI Vs. K CHIDANAND

JUDGEMENT

(1.) This appeal is filed by the appellants who are unsuccessful in the original suit filed by them. The Trial Court by the judgment and decree dtd. 25/1/2010 in O.S No.612/2002 dismissed the original suit filed for partition and separate possession of the property.

(2.) The rank of the parties in the Trial Court will be considered henceforth for convenience.

(3.) The appellant No.1 is the wife of deceased K.Mahadev and other appellants are the children. The father of K.Mahadev was allotted suit schedule property under the dramatist quota by the BDA in the year 1976-1977. Before registration of the said property, Sri.K.Thippanna father of K.Mahadeva died. All the legal representatives of the deceased K.Thippanna consented to transfer the property in the name of Smt.Lakshmamma, who is the wife of Thippanna. Accordingly, the BDA registered the property on 3/7/1998 in favour of Smt.Lakshmamma. It is further stated that the said Smt.Lakshmamma, after registration of the property, bequeathed the property in favour of the defendant. By virtue of the 'Will', the defendant was enjoying the property by taking possession thereof without partition of the said property in favour of the plaintiffs though he knew that it is a joint family property. Hence, the appellants herein filed original suit for partition and separate possession of the suit schedule property.