RUDRAMMA AND ORS. Vs. NAGARAJU AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree in R.A. No. 29/2008 dated 30.1.2015 on the file of the Senior Civil Judge & JMFC, Nagamangala.

(2.) THE respondents filed a suit O.S. No. 17/2004 against the appellants herein for partition and separate possession of the suit schedule properties. According to them, the suit schedule properties are ancestral properties of the plaintiffs and defendants. The propositus of the family was Cheluvaiah. He had two sons, namely, Kariyaiah and Singraiah. The first defendant is the wife of Kariyaiah and other defendants are his children. The properties were cultivated by Cheluvaiah during his life time and after his death, the husband of the first defendant and the father of the original plaintiff, who were in joint possession were cultivating the said land. After the death of Kariyaiah and Singraiah, the plaintiffs and the defendants were in joint possession and enjoyment of the properties. The first defendant being the elder member of the family is making attempts to change katha of the suit schedule properties to her name. The plaintiffs demanded their share in the suit schedule properties, which was refused by the defendants.

(3.) ON the basis of the pleadings of the parties, the trial Court has framed the following issues: