A RANGASWAMY Vs. P VENKATAPPA

JUDGEMENT

(1.) THIS regular first appeal is directed against the judgment and decree dated 21-7-1997 in O. S. No. 151/1980 passed by the 10th Additional City Civil judge, Bangalore City, dismissing'the suit of plaintiffs.

(2.) APPELLANTS are the plaintiffs and respondent are defendants before the trial Court. The parties are referred to their status before the trial Court.

(3.) PLAINTIFFS contend that their father Sri. Appajappa and the father of defendants, Sri. Puttarangappa were close relatives and both had business relationship. They jointly purchased survey no. 110 and survey No. 207/2 of Doddagunta village under a registered sale deed dated 28-9-1929. Sri. Appajappa died in the year 1940 and Sri. Puttarangappa died in the year 1957. Sri Appajappa and Sri. Puttarangappa jointly enjoyed the schedule properties during their lifetime and thereafter the plaintiffs and defendants who are their legal representatives enjoyed the properties till the year 1963. Thereafter differences arose between the parties. The defendants started taking hostile attitude towards the plaintiffs. Since the defendants refused to partition the schedule properties, the plaintiffs filed the suit for partition and separate possession of their half share in the schedule properties.