YALLAPPA Vs. PARAVVA

JUDGEMENT

(1.) The defendants 1 to 6 in O.S.No.149/2019 on the file of the III-Additional Senior Civil Judge and CJM, Dharwad(Hereinafter referred to as 'Trial Court') have filed this appeal challenging the judgment and decree dtd. 2/4/2024 passed therein by which it as declared that the plaintiff is entitled to half share in the suit schedule properties.

(2.) For the sake of convenience and easy understanding, the parties shall henceforth be referred to as they were arrayed before the Trial Court.

(3.) The suit in O.S.No.149/2019 was filed for partition and separate possession of an agricultural land and three house properties. The plaintiff claimed that Yamanavva was her maternal grandmother, who had two daughters viz., Gujavva and Rajavva. She claimed that she and defendant No.2 are the children of Gujjavva, while Rajavva and her husband died issueless. She claimed that defendants 2 to 6 are the children of defendant No.1. She contended that her maternal grandmother had acquired the suit item No.1 in the year 1967 and the remaining properties were also her self- acquired properties and that she died intestate on 14/2/1968. She claimed that she and defendant No.1 were the nearest legal heirs to Smt.Gujjavva. She contended that the defendant No.1 unlawfully got his name entered in the revenue records on 22/4/1988 and denied the claim of the plaintiff even though she had never given up her claim. She alleged that defendant No.1 had parted with 02 acres of land to her cultivation and that a year back, he had denied the right, title and interest of the plaintiff and therefore, she was advised to seek partition and separate possession of her share in the suit schedule properties.