K.C. MAHADEVAIAH Vs. THULASAMMA

JUDGEMENT

(1.) Challenging judgment and decree dtd. 19/12/2009 passed by Presiding Officer, Fast Track Court-V, Mysore, in RA no.22/2008, this appeal is filed.

(2.) Brief facts as stated are that appellants were defendants in OS no.106/2007 filed by respondent (plaintiff) seeking partition and separate possession of 1/3rd share in lands bearing Sy.no.154/1, measuring 7.7 guntas and Sy.no.159/1, measuring 1 Acre 2 guntas situated in Siddapura village; And also in Sy.no.185/2, measuring 1 Acre 38 guntas; Sy.no.207/3A, measuring 1 Acre 28 guntas and Sy.no.128/6, measuring 39 guntas, situated in Bhuvanahalli village (for short 'suit properties'); and for mesne profits etc.

(3.) In plaint, it was stated, plaintiff was daughter of late Cheluvaiah @ Huchaiah through his first wife - Smt.Javaramma, defendants were his children from 2nd wife. It was stated, plaintiff and defendants constituted Hindu Undivided Family ('HUF' for short) and that suit properties were their joint family properties. It was stated, during his life time, Cheluvaiah was karta and maintaining suit properties. Therefore, revenue records stood in his name. And about 15 years earlier Cheluvaiah died intestate. Therefore, plaintiff and defendants succeeded to suit properties.