LAKSHMAMA Vs. MANJU

JUDGEMENT

(1.) THE plaintiff has preferred this regular first appeal challenging the judgment and decree of the Trial Court which has dismissed the suit of the plaintiff for partition and separate possession. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(2.) THE plaintiff -Smt. Lakshmamma and defendant -Manju are the children of Rangegowda. Originally, the suit was filed only in respect of agricultural -land bearing Sy. No. 148/P2 measuring 3 acres situated at Kalalavadi Village, Jayapura Hobli, Mysore Taluk. The said land was granted to Rangegowda by -the Government by its order dated 22 -8 -1973. The case of the plaintiff is, from the date of grant, Late Rangegowda along with the plaintiff and defendant was in joint possession and enjoyment of the suit schedule property, After the demise of Rangegowda, the defendant was managing the suit schedule property. The defendant taking advantage of the illiteracy and ignorance of the plaintiff, without the knowledge and consent of the plaintiff changed the revenue documents such as RTC and other documents into his name. He was making all arrangements to sell away the suit schedule property. The plaintiff approached him and requested for her legitimate share. She was not given. Therefore, the plaintiff filed the suit for partition and separate possession. Subsequently, by way of an amendment application, she included a house property bearing No. 2391, CH -4, 7th Cross, K.G. Koppal, Mysore, as the second item and she sought for half share in the said property also.

(3.) AFTER the amendment of the plaint, he also filed an additional written statement. He contended that the suit is barred by limitation. He also contended that, as their mother is not made a party to the proceedings, the suit is bad for non -joinder of necessary parties.