ROOPA J M Vs. JALLUR MUSTURAPPA

JUDGEMENT

(1.) THE appellant herein was the plaintiff No. 2 in O. S. No. 42/1992 on the file the Civil Judge (Sr. Dn.)Chitradurga. The said suit was filed by the present appellant along with her brother Ravi, claiming partition and separate possession of 17/36 share in the suit schedule properties and for mesne profits.

(2.) ACCORDING to the plaint averments, the plaintiff Ravi and Roopa are the children of one Jellur musturappa, the first defendant in the suit. They were born out of the wedlock of the first defendant with Smt. Bharathamma and that the first defendant or neglected to maintain the plaintiffs and their mother Bharathamma. Therefore, they have taken shelter in the house of their maternal grand-father. The plaintiffs claim their 2/3 share in all the suit schedule properties contending that the suit properties are joint family properties and further contended that the first defendant has to perform the marriage of the second plaintiff and she has to be maintained till her marriage. The appellant also claimed a share in all the suit schedule properties.

(3.) THE defendants contested the suit. According to the defendants, the plaintiffs are not having a share to an extent of 17/36 in all the suit schedule properties. It is contended that the 3rd defendant is also having daughters by name Annapurna and Thippamma and they are also having 1/5th share in all the suit schedule properties and they are also necessary and proper parties to the suit. It is the case of the defendants that the second plaintiff is not having any share. According to them, the first plaintiff is having 1/2 share out of the share of his father, first defendant. The first defendant is having 1/3rd +1/5th share in the suit schedule properties and therefore they requested the court to dismiss the said suit.