SHIVABASAYYA AND ORS. Vs. IRAYYA AND ORS.

JUDGEMENT

(1.) The respondent No. 1 Irayya has filed a suit in O.S. No. 81/1997 for partition and separate possession of his share in land bearing sy. No. 818/1 measuring 13 -acres 10 -guntas situated at Sindagi.

(2.) The plaintiff has contended that the said property is the joint family property and the said property originally belonged to one Channabasayya who had 4 -sons and 3 -daughters of whom the plaintiff is the 4th son. The first 2 -sons of Channabasayya died leaving behind them their legal representatives who are also on record as defendant Nos. 2 to 9. The defendant Nos. 2 to 4 are the legal heirs of first son of Channabasayya and defendant Nos. 5 to 9 are the legal heirs of Siddalingayya, the 2nd son of Chanbasayya. It is further case of the plaintiff that the joint family had two properties, i.e. land bearing sy. No. 818/1 and sy. No. 844/1, measuring 13 -acres 10 -guntas and 7 -acres 21 -guntas respectively.

(3.) It is admitted fact that out of those properties, land sy. No. 848/1 has already been alienated. Therefore, the remaining property was sought to be divided amongst the members of the joint family. The said property continued to be the joint family property. Therefore, plaintiff prayed for its partition and separate possession.