SMT. SHAKUNTALA AND OTHERS Vs. BASAVARAJ AND OTHERS

JUDGEMENT

(1.) This first appeal is by the plaintiffs and is directed against the judgment and decree dated 06.08.2012 passed by the Court of First Additional Senior Civil Judge, Hubli, dismissing their suit in O.S. No. 119/2008 filed for partition of suit properties and for a declaration that the sale deed dated Sept. 9,2005 executed by their father (Defendant No. 1) in favour of defendant No. 4 in respect of the suit land measuring 3 acres 38 guntas was not binding on them. The only other suit property is a house property. The plaintiffs claimed 3/6th share in the suit properties stating that the suit properties were ancestral properties.

(2.) We have heard Learned Counsel appearing for the appellants, perused the impugned judgment and the record of the Trial Court. The parties are referred to herein as per their ranking before the Trial Court.

(3.) The Trial Court, on an appreciation of the evidence on record, has held that the suit properties were individual and separate properties of the plaintiffs' father-defendant No.1, as they were self acquired properties of his father-Basavanneppa, and therefore, the plaintiffs could not claim any right in the suit properties, and accordingly has dismissed the suit. Hence, this appeal by the plaintiffs.