MUNIYAPPA Vs. NANJUNDA REDDY AND ORS.

JUDGEMENT

(1.) THE appellant is before this Court assailing the concurrent judgments rendered by the Courts below. The appellant herein is the plaintiff in O.S. No. 908/2006 (old case No. 1297/2004) who was before the trial Court seeking that he be declared as the owner of the suit schedule properties.

(2.) THE fact that a partition had taken place between the family members in the year 1961 is not in dispute. The fact that the plaintiff was a minor at that point, being aged about 9 years is also the accepted position. The suit schedule properties are among the properties which had been allotted to the share of the plaintiff in the partition deed dated 22.03.1961. In addition to the suit schedule properties, the plaintiff had been allotted 13 other items of properties regarding which there is no dispute in the suit. The suit items/properties are presently owned by the defendants. It is in that view the plaintiff claiming that the said items which were also allotted to the share of the plaintiff under the partition deed dated 22.3.1961, be declared his absolute properties as against the same being held by the defendants was before the Court below.

(3.) TAKING note of the rival contentions, the trial Court framed as many as 6 issues initially and 2 additional issues for consideration.