VISHNU Vs. BUDDAVVA

JUDGEMENT

(1.) This regular second appeal is filed by defendants No.1 to 6 challenging the judgment and decree dtd. 28/6/2019, passed in R.A.No.34/2012, by the II Additional District and Sessions Judge, Bagalkot (for short, 'First Appellate Court'), and the judgment and decree dtd. 7/3/2012, passed in O.S.No.298/2006, by the I Additional Senior Civil Judge, Bagalkot (for short, 'the trial Court').

(2.) For the purpose of convenience, ranking of the parties is referred to as per their status before the trial Court.

(3.) Plaintiffs have filed suit for partition and separate possession claiming 1/5th share each in the suit schedule properties by claiming that the suit schedule properties are joint family and ancestral properties. Irappa is the original propositus and the plaintiffs are daughters, the defendant No.1 and husband of defendant No.2 are sons. Defendants No.3 to 6 are legal heirs of Fakkirappa and defendant No.2. Defendant No.7 is the purchaser of suit properties. It is stated that the original propositus-Irappa has filed application Form No.7 before the Land Tribunal for grant of occupancy rights and during the pendency of the said application before the Land Tribunal, he died. Thereafter, defendant No.1 and husband of defendant No.2 have been impleaded in the said proceedings. The Land Tribunal granted occupancy rights in the name of defendants No.1 and husband of defendant No.2 enuring to benefit of joint family. Therefore, plaintiffs are contending that the suit schedule properties are joint family and ancestral properties, and hence, they are having a claim of share of 1/5th each. Hence, they filed suit for partition and separate possession by metes and bounds.