SOMANATH Vs. NILAMMA AND ORS.

JUDGEMENT

(1.) The plaintiff in O.S. No. 69/1987 on the file of the Civil Judge (Sr. Dn.) Jamakhandi, has come up in this second appeal impugning the judgment and decree dated 20.03.2004 passed in R.A. No. 134/2001.

(2.) Brief facts leading to this second appeal are as under :

(3.) In support of the said issues, plaintiff adduced evidence as P.W.1 and he got his uncle Andappa Basappa ambli examined on his behalf as P.W.2. Incidentally P.W.2 is the younger brother of defendant No. 1. They together relied upon eight documents which were marked on their behalf as Ex. P.1 to Ex. P.8. By the time the evidence was commenced, first defendant had died and no evidence was adduced in support of the defence by defendant Nos. 2 to 5. It is only the LRs of original 6th defendant purchaser of shop property, contested the suit by adducing evidence. Two of the sons of 6th defendant are examined as D.W.1 and D.W.2 and another person was examined by them in support of their defence. They got 9 documents marked in support of their case as Ex. D.1 to Ex. D.9. The trial Court on appreciation of the pleadings and documents available on record proceeded to dismiss suit of the plaintiff for the relief of partition of two properties, namely, shop premises in Jamakhandi town which was purchased by 6th defendant and agricultural land of 5 acres 28 guntas in Jamakhandi.