T. GIRIJA Vs. B. BORAIAH AND ORS.

JUDGEMENT

(1.) THIS is a plaintiffs appeal challenging the Judgment and Decree of the trial Court which has dismissed the suit of the plaintiff for partition and separate possession.

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

(3.) THE first defendant B. Boraiah married one Smt. Chikkamma. They had two sons namely B. Gopalakrishna and B. Ramachandra Gowda. Both sons pre -deceased the first defendant. Plaintiff is the widow of first son B. Gopalakrishna. Defendant No. 2 is the wife of second son B. Ramachandra and defendant Nos. 3 and 4 are their children. Smt. Chikkamma, the wife of first defendant expired on 1.2.1989. The husband of plaintiff died on 28.7.2010 leaving being the plaintiff as sole legal heir. The second son of first defendant B. Ramachandra died on 10.1.2007 leaving behind defendant Nos. 2 to 4 as his legal heirs. Both sons of first defendant were Group -D employees of Hon'ble High Court of Karnataka. The plaintiffs husband and second defendant's husband and the first defendant all constitute undivided Hindu Joint family members. The property described in Schedule -A are the ancestral joint family properties. B -Schedule properties are money and the assets of the joint family of husband of the plaintiff and defendants. The plaintiffs husband improved the ancestral joint family properties and looked after the welfare and benefit of the joint family members out of his contribution. He sold a site purchased by him at Judicial Layout for the benefit of the joint family. He also raised loan from the Judicial Department Multipurpose Co -operative Society and other financial Institutions for the benefit of the family. After the death of husband of the plaintiff, she was appointed in the Hon'ble High Court of Karnataka. The first defendant used to take her salary. First defendant started mismanaging the joint family affairs and misused the money and became hostile to the interest and welfare of the plaintiff. When the plaintiff refused to pay her salary to the first defendant, he made galata against the plaintiff and thrown her out of the house mercilessly. In this connection, a police complaint was also lodged.