MUNITHAYAMMA AND ORS. Vs. NANJAPPA AND ORS.

JUDGEMENT

(1.) The appellants filed O.S. No. 100/2011 before the Additional Civil Judge at Doddaballapur, to pass a decree for partition and separate possession of 2 items of agricultural lands and a house property. The suit properties are joint family properties owned by one Bayyiga and succeeded by his son Muniyappa, the father of plaintiffs and defendant No. 1. The first respondent/first defendant is the brother of the appellants/plaintiffs and the second respondent/second defendant is the purchaser, as per a registered sale deed dated 21.08.1997 bearing Document No. 1135/97 -98, of the agricultural land shown and described in Schedule 'B' of the plaint. The appellants' father Muniyappa has died in the year 1981. The suit for partition and separate possession was filed on 26.02.2011.

(2.) The first defendant, despite service of summons, did not appear and was placed ex -parte by the Trial Court. The second defendant i.e., the purchaser of the plaint 'B' schedule property, by filing the written statement contested the suit on multiple grounds.

(3.) Following issues were raised by the Trial Judge: