PADMAPRABHU Vs. VASUNDARAMMA AND ORS.

JUDGEMENT

(1.) Appellant is first defendant in O.S. No. 154/2004 instituted by his mother (first respondent herein) seeking partition and separate possession of 1/6th share in the suit schedule property.

(2.) For the sake of convenience, parties shall be referred as per their status in the suit.

(3.) Plaintiff filed the instant suit for partition and separate possession of 1/6th share contending inter alia that suit schedule property measuring 30' x 92' was purchased by her and her husband. The southern portion of the property measuring 30' x 92' was purchased in her name on 22.1.1969 for a consideration of Rs. 3,000/ -. The northern portion of the property also measuring 30' x 92' was purchased in the name of first defendant for a consideration of Rs. 3,000/ -. Plaintiff had paid Rs. 1,500/ - towards consideration of her site and the balance was paid by her husband. Similarly, in respect of suit schedule property, she had contributed Rs. 1,500/ - and her husband had paid the balance of Rs. 1,500/ -. It appears that the first defendant had filed a suit in O.S. No. 436/2002 on the file of I Addl. Civil Judge, Tumkur against plaintiff for declaration and mandatory injunction to remove a wall put up by the plaintiff in the suit schedule property and the same was dismissed. The said judgment and decree was unsuccessfully challenged by the appellant before the learned Fast Track Court, Tumkur in R.A. No. 287/2008, which also came to be dismissed by the judgment and decree dated 8.4.2011.