SIDDARAMAYYA AND ORS. Vs. FAKIRAYYA AND ORS.

JUDGEMENT

(1.) PLAINTIFF Nos. 1 and 2 in O.S. No. 188/2006 on the file of the Civil Judge (Sr.Dn.), Yellapur have come up in this second appeal impugning the concurrent findings of both the Courts below.

(2.) BRIEF facts leading to this second appeal are as under:

(3.) ACCORDING to the plaintiffs, suit lands being property of joint family was allotted to the branch of their father, consisting of themselves and their father in the judgment and decree passed in O.S. No. 74/1965. According to them, they have an equal share in the suit schedule properties along with their father defendant No. 1 and their mother defendant No. 2. It is also pleaded that, defendant No. 1 who is father of plaintiffs has disowned his wife defendant No. 2 and his two children who are plaintiffs in the original suit and appellant Nos. 1 and 2 in this proceedings. That he has been living with another woman, leading immoral life, that he is also addicted to bad vices. As such, suit schedule properties should be divided and their share should be given to them in the said properties. The suit was contested by defendant No. 1 on the ground that, suit schedule property is not the joint family property and that the said property was absolute property of his father and on his death, under Section 8 of the Hindu Succession Act, he has acquired the property as sole legal heir, in which, plaintiffs have no share. It is further contended that, as on the date of filing of form No. 7, he had filed it claiming the said property as his individual property and occupancy certificate, which was granted by the Land Tribunal is in his individual capacity, as such plaintiffs have no share in the suit schedule property.