SAROJAMMA Vs. NEELAMMA

JUDGEMENT

(1.) IN this appeal the appellants have called in question the correctness of the judgment and decree dated 28th November, 2002 made in O. S. No. 84 of 1996 by the I Additional Civil Judge (Senior Division), davanagere (hereinafter referred to as 'the Trial Court' ). While the appellants in this appeal were the plaintiffs in the suit, respondents were the defendants. The parties in this appeal, in the course of the judgment will be referred to by their status as in the Trial Court.

(2.) THE 1st plaintiff claims that she was the wife of Kuruvathi basavarajappa and plaintiffs 2 and 3 are the children of the 1st plaintiff born to the said Kuruvathi Basavarajappa and while the 1st defendant is one other wife of the said Kuruvathi Basavarajappa, the defendants 2 to 7 were also the children of the 1st defendant-Kuruvathi basavarajappa, the said Kuruvathi Basavarajappa had expired on 14-3-1992. Inspite of the demand made by the plaintiffs for allotment of their 42/100th share and possession of suit schedule property, the defendants having denied the same, the plaintiffs were constrained to file the suit seeking for partition and separate possession of their share in the suit schedule property. The defendants also denied the claim of the plaintiffs that they have been in joint possession of the suit schedule property.

(3.) ON the basis of the pleadings, the Trial Court framed the following issues : 1. Whether the plaintiff 1 proves that she is the legally wedded wife of deceased Kuruvathi Basavarajappa? 2. Whether the plaintiffs further prove that they are entitled for the claim as sought in the plaint? 3. Whether defendant is entitled for compensatory cost of Rs. 3,000. 00? 4. Whether the plaintiffs are entitled for the decree sought? 5. What decree or order?