PUTTAMALLAPPA MALLEDEVARAPPA Vs. KOUSALYA W/O SHIVASHANKAREGOWDA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the appellant.

(2.) The factual matrix of the case of the plaintiff before the Trial Court that the suit schedule properties are the ancestral properties and all of them are entitled for 1/4th share in the suit schedule properties. The defendants appeared and filed written statement contending that item No.6 of the property has been sold in favour of defendant No.3 for family benefit and necessity. It is also the claim that item No.5 is not the family property and the plaintiff is not entitled for any relief.

(3.) The Trial Court after hearing the pleadings of the parties, framed the Issues and allowed the parties to lead their evidence. In order to prove the case of the plaintiff, she herself examined as PW1 and got marked the documents at Ex.P1 to P15. On the other hand, defendant No.2 examined as DW1 and not produced any documents before the Trial Court. The Trial Court having considered both oral and documentary evidence placed on record comes to the conclusion that the suit schedule properties are the ancestral properties and the plaintiff is also entitled for equal share along with defendant Nos.1, 2 and