GIRIYAPPA Vs. SHIVANANJU; NANJUNDASWAMY; SHARADAMMA

JUDGEMENT

(1.) THE appellant is before this Court assailing the concurrent judgment and decree passed by the Courts below.

(2.) THE original appellant herein instituted a suit in O.S.No.303/1999 seeking for partition, declaration and mesne profits in respect of the suit schedule properties. The original defendant to the suit is the brother -in -law of the plaintiff i.e., the husband of the deceased sister Kalyanamma. The mother of the plaintiff named Kempamma was a member of the Adi Karnataka Handloom Weavers Co -operative Society Limited, Mysore and in that capacity having held shares in the said Society, she was allotted the suit schedule property. She died intestate on 21.03.1991. It is in that view, the plaintiff contends that he being the son of Kempamma is entitled to a share in the said property along with his sister Kalyanamma.

(3.) TO claim right in respect of the said property, the plaintiff also contended that after the death of their mother Kempamma, he had paid a sum of Rs.3,503.65 paise to the Society on 12.11.1994. The defendant disputed the contention putforth by the plaintiff. It was contended that during the life time of Kempamma, the shares held by her in the said Society was transferred to the name of Kalyanamma and pursuant thereto, the revenue entries in respect of the property has also been transferred to the name of Kalyanamma and she has enjoyed the property as the absolute owner. It is contended that the plaintiff therefore has no right to the said property and the question of granting partition in respect of the property does not arise.