MAHESHWARAPPA AND ORS. Vs. RUDRAMMA AND ORS.

JUDGEMENT

(1.) The case of the plaintiffs and defendant No. 1 are that they are governed by the Mitakshara School of Hindu Law. Defendant No. 1 is the only brother of the plaintiff and all of them are children of Late Sri. Arkeri Hanumanthappa @ Hanumappa. The father of the plaintiff and defendant No. 1 owned and possessed the plaint 'A' schedule properties.

(2.) He left behind him his first and second wife. His first wife was arrayed as defendant No. 5, who had two children namely, Rudramma and Maheshwarappa, who are plaintiff No. 1 and defendant No. 1. His second wife died prior to the filing of the suit. She had a daughter by name, Lakshmamma, who is plaintiff No. 2. Defendant Nos. 2, 3 and 4 are the buyers. That the plaintiffs and defendants are the joint owners of the suit schedule properties, each one of them are entitled for 1/3rd share in the suit schedule properties. Hence, the instant suit was filed seeking for partition.

(3.) During the pendency of the suit, defendant Nos. 1 and 4 died, and their legal representatives were brought on record. During the life time of defendant No. 1, he has filed his written statement and specifically contended that the prepositus of his family is one Adiveppa who acquired the 'A' schedule properties. The said Adiveppa had a son by name Hanumappa i.e., his father, as well as the father of plaintiffs. After his death 'A' schedule properties are inherited by his son namely, Hanumappa and grandson Hanumanthappa. The relationship between the parties is admitted.