SHARADAMMA AND ORS. Vs. KEMPAMMA AND ORS.

JUDGEMENT

(1.) CONCURRENT findings are called in question before this court by filing this appeal under Section 100, C.P.C. Appellants herein were defendants 2 to 6 in an original suit in O.S. 624/95 which was pending on the file of Civil Judge (Junior Divn.), Anekal. The 1st respondent -Smt. Kempamma was the sole plaintiff in the said suit. The 2nd respondent herein was the 1st defendant and defendants 7 and 8 are the children of the 1st defendant.

(2.) SUIT was filed for the relief of partition and separate possession in respect of three items of properties as described in the schedule appended to the plaint. Ultimately defendants 2 to 6 did not contest the suit insofar as item No. 3 is concerned and therefore, they are not aggrieved by the relief of partition and separate possession granted to the plaintiff in respect of item No. 3 property. According to the appellants herein, item Nos. 1 and 2 properties were the absolute properties of Venkatarmanappa -husband of the 2nd defendant and at no point of time, it belonged to his father -Munivenkatappa as he had been conferred with occupancy right by the Land Tribunal. Thus they had contested the suit.

(3.) WHETHER the plaintiff is entitled for mesne profits?