ANASUYABAI AND ORS. Vs. SHIVAJI AND ORS.

JUDGEMENT

(1.) Defendants in O.S. No. 260/2000 have preferred this second appeal, assailing judgment and decree passed in R.A. No. 221/2013 dated 13.06.2014 by III Additional District Judge, Belgaum, by which, judgment and decree passed in O.S. No. 260/2000 by III Additional Senior Civil Judge and Additional M.A.C.T., Belgaum, dated 27.07.2013, has been confirmed.

(2.) For the sake of convenience, the parties shall be referred to, in terms of their status before the trial Court.

(3.) It is the case of respondent - plaintiffs that one Annappa was the original propositus of the family. He had two sons, namely, Vithal, who died on 14.08.1999 and Shivaji, the original plaintiff. Defendant No. 1 is the widow of Vithal and defendant No. 2 is their son. That plaintiff was working in Defence from 20.03.1943 until his retirement on 10.06.1961. Even before he joined the military the family owned joint family immovable properties. Husband of defendant No. 1 was working in a tea shop and he was selling lolly pop. That, during his military service, plaintiff was sending money to his father and also tea powder for sale. Out of the said amount, deceased husband of defendant No. 1 and father of plaintiff purchased the suit property bearing C.T.S. No. 2884 and C.T.S. No. 3466 (House No. 87). According to plaintiff, two properties are joint family properties of parties. The joint family also had four Power Looms, which are mentioned in suit schedule 'A' attached to plaint. The family of plaintiff and defendants were living together jointly in house No. 312 of Basawan Galli, as tenants. Annappa, original propositus, died in the year 1964. Plaintiff and defendants family continued to live jointly. However, there arose differences of opinion between the women in the family. Plaintiff started residing separately in house No. 2884. The said house and house No. 3466 though are joint family properties were purchased in the name of Vithal, elder brother of plaintiff. During the life time of his elder brother, plaintiff had requested him to effect partition in suit schedule properties. But, he postponed the same on one pretext or the other. He died on 14.08.1999. After his demise, defendant No. 1 issued legal notice to plaintiff on 11.04.2000 asking him to vacate C.T.S. No. 2884 after paying arrears of rent. Later she filed H.R.C. No. 43/2000 against plaintiff in order to knock off plaintiff's share. As the plaintiff is the co -owner of suit property, he is entitled to half share. Hence, plaintiff filed the suit for partition and separate possession of his half share in the suit properties.