FAKKIRAVVA; BASAVENNAVVA; KAMALAVVA; SAVAKKA Vs. BASAVARAJ; MANJULA; RENUKA

JUDGEMENT

(1.) The judgment and decree passed by the first appellate Court, dismissing the appeal and confirming the judgment and decree of the trial Court is assailed in this appeal.

(2.) The facts in brief are that the plaintiffs, legal heirs of one Sri.Fakirappa filed a suit for partition and separate possession against the defendants, legal heirs of one Sri.Yallappa setting up their claim that suit land was cultivated by Basappa Hoovappa Kalaghatgi, the father of Fakirappa and Yallappa, after his death the tenancy right was granted in favour of Yallappa and it was joint family tenancy held by Yallappa and Fakirappa. The suit was contested by the defendants. The claim of joint family status averred by the plaintiffs was disputed by the defendants and it was contended that occupancy rights were granted by the Land Tribunal in favour of Yallappa in the year 1979 and that no point of time the suit property was the joint family property. After considering the material evidence on record, the trial Court decreed the suit. Against which, an appeal preferred by the defendants was dismissed. The said judgment and decree of the lower appellate Court is impugned in this second appeal by the defendants.

(3.) Learned counsel appearing for the appellants argued that the father of the plaintiff, Fakirappa was a teacher and served at different places and never stayed jointly with Yallappa's family. Both the families were living independently, partitioned about forty years back and their names have been entered in the VPC records separately.