GURAPPA TIPPANNA TOTAD Vs. GANGAVVA

JUDGEMENT

(1.) This second Appeal by the defendant is directed against the judgment and decree dt. 29-9-1975, passed by the Civil Judge, Hubli, in R. A. No. 22/1968, setting aside the judgment and decree dt. 27-11-1967, passed by the Munsiff, Savanur, in L. C. No. 23 of 1962.

(2.) The parties have been referred to in the course of this appeal with reference to their position in the trial Court.

(3.) The plaintiff Gangavva filed the suit L. C. No. 23 of 1962 for partition and possession alleging that she had been married to one Shivappa Totad, the elder brother of defendant No. 1 Gurappa Tipparma Totad and that her husband Shivappa Totad died on 9-1-1951 and thus she was entitled to a half share in the suit properties which were the joint family properties.