USHA N. SWAMY Vs. M.VENKATASWAMY

JUDGEMENT

(1.) The present regular first appeal has been filed under Sec. 96 r/w Order XLI Rule 1 of the Code of Procedure 1908 (for short 'the CPC') impugning the judgment and decree dtd. 13/4/2018 passed by the XXXV Addl.City Civil and Sessions Judge, Bengaluru, in O.S.No.703/2014 instituted by the appellant/plaintiff.

(2.) The defendant Nos.1 and 2 are the parents of the plaintiff and defendant No.3 is the sister of the plaintiff. Plaintiff had filed the suit for partition of the suit schedule properties by metes and bounds among the plaintiff and defendant Nos.1 to 3 and to allot equal share to the plaintiff in Schedule 'A' and 'B' properties and such of those properties movable and immovable including family jewelry, Bank deposits, Share Investments, Debentures which are alleged to be the joint family properties of the defendant Nos.1 and 2 (parents) and to put the plaintiff in lawful possession of the allotted share.

(3.) Plaintiff got married to Doctor Javaraiah N. Swamy in the year 1979 and started living with her husband in USA, since the date of her marriage. The plaintiff filed a suit alleging that while she was residing in USA, without her knowledge, 10 acres of land in old Survey No.16/2 and new Survey No.16/6, which was joint family property belonging to all the coparceners had been sold to one M. Narayanaswamy, son of late Muniyappa vide sale deed dtd. 19/12/2011. Further, she stated that schedule 'A' property was an ancestral property fallen to the share of her father and his name got recorded as Khatedar from the year 1982 to 2013. The parents i.e., defendants Nos. 1 and 2 had generated wealth after getting the quarrying license from the State of Karnataka on the said land and have been beneficiary of windfall of money, which flowed of resorting to quarrying in the schedule 'A' property. Out of the income generated by quarrying stone, from the schedule 'A' property, the defendants had purchased the 'B' schedule property.