SRINIVASA NAYAK Vs. SUNDAR NAYAK AND ORS.

JUDGEMENT

(1.) The respondent No. 1 filed O.S. No. 255/2000 in the Court of Prl. Civil Judge (Jr.Dn.), Karkala for partition of the plaint schedule property and for allotment of 9/40th share therein. The 3rd defendant filed written statement and contended that the plaintiff and other defendants have no manner of right over the suit schedule property and that the suit schedule property is not joint family property and hence, the plaintiff and other defendants are not entitled to any share and that he being the absolute owner in possession and enjoyment, has absolute right, title and interest over the suit schedule property.

(2.) Based on the pleadings, the following issues were framed by the Trial Court:

(3.) The parties having led evidence, Trial Court decreed the suit and ordered for division of the plaint 'A' schedule property into 40 fair and equal shares. The plaintiff was held entitled to 9/40th share and the defendant Nos. 1 to 3 to 9/40th share each and defendant Nos. 4 to 8 to 1/40th share each. Issue Nos. 4, 5, and 6 were left open for decision at the time of final decree proceedings. A partition of the 'A' schedule property was directed to be effected by metes and bounds, under S. 54 of CPC.