SIDDEGOWDA Vs. SIDDEGOWDA

JUDGEMENT

(1.) This appeal is by the 8th defendant In O.S. No. 94/1981 on the file of the Additional Civil Judge, Mandya. The said suit was filed by the 1st respondent in this appeal.

(2.) The 1st respondent is the younger brother of respondent-2 Ningagowda. The father of respondents-1 and 2 was one Siddegowda @ Girkegowda, who, it is stated, died in the year 1971. Respondents 1 and 2 had five sisters, who are respondents 3 to 8 herein. Defendant-8 (appellant herein) is the wife's sister's husband of first defendant ; he had filed a suit against his first defendant i.e., wife's sister's husband in O.S.63/76. The said suit ended in a compromise decree. In execution of the seid compromise decree, it is asserted that the properties mentioned therein were taken possession of, in Ex. No, 163/78 and Misc. 52/80 through court. Admittedly, on the date of the said suit, the 1st respondent was a minor. Therefore, the plaintiff filed the present suit claiming 3/8th share in the joint-family properties.

(3.) The 1st and the 8th defendant resisted the suit. The trial court raised the following issues : 1. 8th defendant to prove that the plaintiff and defendant-1 got divided after the death of Siddegowda. 2. 8th defendant to prove that items 6 to 8 and 10 fell to the share of 1st defendant. 3. Plaintiff to prove that the court proceedings in O.S. 63/1976 is collusive. 4). Plaintiff to prove that he is entitled to 3/8th share in the suit property. 5. To what reliefs ?