AMRUTHA RAVINDRA KUMAR Vs. USHA

JUDGEMENT

(1.) This appeal is preferred against the Judgment and Decree of the Addl. Senior Civil Judge at Chamarajanagar dtd. 15/7/2019 in O.S.No.58/2015.

(2.) The appellants herein are the plaintiffs in the suit.

(3.) It was the case of the appellants that the appellants as well as Defendant Nos.1 and 2 were the six children of late Yakobaiah and Anandaputhramma @ Chinkramma. It was the contention that Yakobaiah died intestate and that he was enjoying the properties as absolute owner during his life-time. Later, after the death of Yakobaiah, the khata of the property was changed in the name of his wife Anandaputhramma and defendant Nos.1 and 2. Anandaputhramma also died intestate on 17/1/2011. The original defendants claiming to be the absolute owners of the suit schedule properties tried to sell the suit schedule properties; they also attempted to get the katha changed exclusively to their names, without including the names of the original plaintiffs. It was stated in the plaint that the plaintiffs are entitled to equal share of the suit schedule properties and therefore, they are jointly entitled to 4/6th share as per the Indian Succession Act.