RANGAPPA Vs. B.S. SOWMYA AND ORS.

JUDGEMENT

(1.) THIS Regular First appeal is preferred by the first defendant challenging the Judgment and Decree of the trial Court which has decreed the suit of the plaintiffs as prayed for holding that the decree passed in OS No. 4/96 is not binding on the plaintiffs. Further, decreeing the suit of the plaintiff for partition and separate possession of 2/3rd share in the plaint schedule property.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) THE plaintiffs are the unmarried daughters of defendant No. 2. The case of the plaintiffs is, defendant No. 2 started behaving irresponsibly and trying to throw away the properties to various persons for meager hand loans without creating proper documents and without consulting them. Because of his attitude, the plaintiffs have started residing separately and looked after the leather business. The grand father of the plaintiffs purchased the suit schedule property from one K. Annayyappa on 1.6.1943 through a registered sale deed. He was put in actual possession and enjoyment of property. At a partition between the grand father of the plaintiffs and his sons and daughters, the suit schedule land has fallen to the share of the plaintiffs' father i.e. defendant No. 2. He continued in the possession of the property and till today he is in actual possession and enjoyment of plaintiffs and defendant No. 2.