YASHODAMMA Vs. PREMAMMA

JUDGEMENT

(1.) This matter is listed for admission and I have heard the learned counsel for the appellant.

(2.) The factual matrix of the case of the plaintiffs before the Trial Court is that plaintiff Nos.1 to 3, defendant Nos.1 and 2 are the children of Late Thimmegowda and late Mallamma and suit schedule properties are ancestral properties of the father of the plaintiffs. The father of the plaintiffs has no male issues. He during his life time was in possession and enjoyment of the suit schedule properties. After his death, the plaintiffs and the defendant Nos.1 and 2 are in possession and enjoyment of the suit schedule properties. The defendant No.1 by colluding with the revenue officials got mutated her name in the revenue records of the item Nos.3 to 5 properties. Then, she sold the said properties in favour of the defendant No.3 without consent of the plaintiffs through registered sale deed dtd. 24/5/2014. The said sale deed is not binding on the right of the plaintiffs in the suit schedule properties. The defendant No.3, in order to deprive the legitimate share of the plaintiffs in the suit schedule properties, is making efforts to sell the suit schedule item Nos.3 to 5 properties. Hence, filed the suit for the relief of partition contending that the suit schedule properties are ancestral joint family properties.

(3.) The defendants took the specific contention that plaintiffs have given up their right in the suit schedule properties by executing panchayath document and in order to discharge the loan raised towards marriage of the plaintiffs and to provide maintenance to the plaintiffs, item Nos.3 to 5 of the properties are alienated.