RAMEGOWDA AND ORS. Vs. CHIKKANNA

JUDGEMENT

(1.) THE case of the plaintiff is that the suit schedule properties are ancestral joint family properties of the plaintiff and his brothers. That the father of the plaintiff by name Thimmegowda, who died about 5 1/2 years ago before filing of the suit was managing the joint family properties. After his death, the plaintiff became the manager of the joint family.

(2.) THE suit schedule properties are lands, which lost the characteristics of agricultural land and are fit for only residential purpose. The members of the joint family of the plaintiff are residing in the suit schedule properties by constructing a shed for residence and also another shed to store the agricultural equipments and tether the cattle and other livestock. The plaintiff has also put up a foundation in the suit schedule properties for the purpose of construction of farm house and the family of the plaintiff has grown coconut trees, neem trees, etc.

(3.) ON service of suit summons, the defendants entered appearance and denied the plaint averments. They denied the case of the plaintiff that the plaintiff is the owner of the suit schedule properties being the joint family member. They pleaded that the father of the defendant Nos. 2 and 3 was in possession and enjoyment of the suit schedule properties along with other properties as the absolute owner. That the father of the plaintiff is in possession and enjoyment of survey No. 1/1 to an extent of 2 1/2 guntas and in survey No. 1/2 to an extent of 3 guntas. Till his death, the father of defendant Nos. 2 and 3 were in possession and enjoyment of the said properties as absolute owners.