CHEMPAWWA AND ORS. Vs. CHANNAWWA AND ORS.

JUDGEMENT

(1.) THE purchasers of a dwelling house belonging to the joint family of Fakkirappa Madalli who are defendants 5(a), 6(a) to (g) and defendant No. 7 in O.S. No. 146/1993, on the file of Civil Judge (Jr. Dn.), Laxmeshwar, have come up in this second appeal impugning the concurrent finding of both the Courts below in decreeing the suit of plaintiffs for the relief of partition and separate possession in the dwelling house of the joint family.

(2.) THE undisputed facts are that the suit schedule property is a residential property, which was in possession and occupation of the great grandson of propositus Fakkirappa Madalli. It is stated that the said Fakkirappa had a son by name Ganalingappa who in turn had 5 children. The 1st of them is a son by name Mahadevappa and other four are daughters by name Ningavva, Neelavva, Savakka and Nagawa. Admittedly Ganalingappa died in the year 1974, Mahadevappa died in the year 1984 Ningavva died in the year 1983, Neelavva; died in the year 1987, Savakka died in the year 1979. It is only the last daughter of Ganalingappa who was alive as on the date of filing of the suit. The suit is filed by Nagawa as 4th plaintiff along with her brother's two daughters namely Channabasavva and Basavva as plaintiffs 1 and 2. The 3rd plaintiff is one Veerabhadrappa claiming himself to be the adopted son of deceased Neelavva.

(3.) IN the said suit the defendants 2 and 3 claiming that they are unnecessarily arraigned as parties to the suit. Therefore the suit against them should be dismissed. The defendant No. 4 filed the written statement supporting that the suit property being sold in favour of defendants 5 and 6. Defendants 5 and 6 filed the written statement contending that they are bona fide purchasers for value from the owners of the suit property. Therefore the suit filed by the plaintiffs for the relief of partition is frivolous.