S.T. KRISHNAPPA Vs. SRI. SHIVAKUMAR AND OTHERS

JUDGEMENT

(1.) THE unsuccessful Plaintiff having lost the suit for declaration, partition and possession in O.S. No. 4472 of 1991 on the file of the learned XXII Additional City Civil Judge, Bangalore, has approached this Court in the present appeal.

(2.) THE brief facts giving rise to the present appeal as per the pleadings of the parties are as follows: So far as the relationship between the parties is concerned, there is no much dispute on either side. Plaintiff Krishnappa is the son of one late S.M. Thimmadasappa and his wife Smt. Puttamma/the original Defendant No. 1 (deceased). The erstwhile Defendant No. 3/Kumari Menaka since deceased was the other child of said Thimmadasappa and Puttamma. The said Thimmadasappa had a brother by name Solur Thimmaiah, was who issueless.

(3.) THE Defendants on appearance filed their written statement interalia contending the Plaintiff has no manner of right, title or interest in respect of the suit schedule properties; that the claim of the Plaintiff by the theory of 'dwyamushyayana' form of adoption putforth by the Plaintiff is false since the intention of the parents was to give Krishnappa in adoption simpliciter and hence prayed for the dismissal of the suit. On the basis of the pleadings of the parties, the trial Court framed the following issues: 1. Whether the Plaintiff proves his right over the suit schedule properties? 2. Whether the Plaintiff is entitled for 2/3rd share in the suit schedule properties? 3. Whether the Plaintiff is entitled for the accounts? 4. What decree or order? Additional Issue: Whether the Defendants prove that the Court fee paid is sufficient?