HANUMANTHRAYAPPA Vs. SIDDAPPA

JUDGEMENT

(1.) THIS appeal arises out of the judgment and decree dated 5.9.2008 passed by the learned Civil Judge(Sr.Dn.)Madhugiri, thereby setting aside the judgment and decree passed by the learned Civil Judge(Jr.Dn.) Pavagada in O.S.No.81/1985 who had dismissed the suit filed by appellants/ plaintiffs. This RSA is filed by plaintiffs No.3 and 6. The other plaintiffs have been arrayed as respondents.

(2.) SUIT was filed by the plaintiffs seeking partition and separate possession of their 1/4th share in the suit schedule property consisting of two agricultural lands bearing sy.No.84/1, measuring 2 acres 26 guntas and sy.No.85/1 measuring 2 acres 20 guntas. Plaintiffs contended that suit properties were joint family properties which originally belonged to one Narsimhappa son of Sanneerappa. He died leaving behind four sons by name Badeerappa, Nagappa, Marappa and Siddappa. After the death of Nagappa, due to misunderstanding in the family Badeerappa and Nagappa left the family and started living separately by doing coolie work and settled down in different villages. Plaintiffs being the legal heirs (widow and children) of Badeerappa lost their father when they were small. Defendants No.1 to 4 being sons and wife of Nagappa also settled down in different villages. Therefore, Defendant No.5 -Siddappa (son of Narasimhappa) and defendant No.6 Hanumantharaya (son of Marappa) jointly enjoyed the suit properties. Neither the plaintiffs nor Defendants No.1 to 4 were aware of their rights over the ancestral joint family properties. Plaintiffs came to know about their share in the joint family properties and claimed the same, but defendant No.5 denied their rights. Hence, they sought for partition and separate possession.

(3.) DEFENDANT No.1 to 4 supported the case put forward by the plaintiffs and contended that suit properties were joint family properties, wherein they had their share. Hence, they sought for allotment of their 1/4th th share.