CHIKKEGOWDA AND ORS. Vs. UGRAIAH AND ORS.

JUDGEMENT

(1.) AS these three appeals are preferred against the very same Judgment, they are taken up together for final hearing by consent of the parties and disposed of by this Common Judgment.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) AFTER service of the summons, the 1st defendant entered appearance and contested the suit. He denied all the allegations in the plaint. He contended that during the year 1982, there was a partition among the joint family members. On the basis of the said partition, mutation entries have been effected and the parties are enjoying the properties separately and independently and therefore, on the date of the suit there was no joint family in existence. The plaintiff has collected the compensation from the National Power Corporation and the Horticulture Department in respect of the lands acquired. He was allotted to his share a sum of Rs. 1,87,728 -00. The plaintiff has also sold the land in Sy. No. 32/1B, measuring 15 gunts situated at Kasaghatta, Doddabelavangala Hobli, Doddaballapur Taluk in favour of Smt. B.S. Soubhagyamma under the Sale Deed dated 15.12.2003, in which there is a reference to the partition dated 20.04.1982. The plaintiff also mortgaged the property fallen to his share with the Vijaya Bank and availed a loan of Rs. 5,00,000 -00. The plaintiff has also entered into Agreement to Sell with one A.C. Siddalingappa to sell the land in Sy. No. 61/4, measuring 1 acre 7 gunts. There is also an agreement between the plaintiff and the 1st defendant in respect of sharing water and also making use of the road on 01.12.1990. In all these documents, the earlier partition is referred to. The plaintiff has also mortgaged his property to VSSN Hulikunte and availed a loan of Rs. 30,000 -00 and executed a Mortgaged Deed as a guarantee. As a security for the loan availed, he has mortgaged the properties which have now fallen to his share in the schedule properties. He also put boundaries after the partition and has been in peaceful possession and enjoyment of the properties, which have fallen to his share. He is cultivating the same. Further it is stated that he was working as a Secretary in the Service Co -operative Society from 1974 to 1976 and also Secretary to VSSN, Doddabelavangala from 1976 to 1986 and out of his personal earnings, he has acquired land bearing Sy. No. 5/1 and Sy. No. 6/1 under registered Sale Deeds from its original owners and therefore, he submits that the suit is misconceived and sought for dismissal.