S JAGADISH Vs. S KUMARASWAMY

JUDGEMENT

(1.) THIS is the 4th defendant's second appeal against the decree or partition and separate possession. For the purpose of convenience, the parties to this appeal are referred to as they are referred to in the suit.

(2.) THE plaintiff-Dr. S. Kumaraswamy, the 1st defendant-S. Gurudatt, the 4th defendant-S. Jagadish are the three sons of date Sri. H. Siddalingaiah. 2nd defendant-Smt. Nagarathna and 3rd defendant- Smt. Umadevi are his daughters. The plaintiff and defendants 1 to 3 died during the pendency of the proceedings and their legal representatives have been brought on record.

(3.) THE case of the plaintiff is, his father late Sri M. Siddalingaiah had no ancestral nucleus and he acquired the suit schedule property from his personal income as he was the former Registrar of the Karnataka University. Be died on 13. 8. 1980 at Mysore. After the death of Sri. M. Siddalingaiah, plaintiff and defendants 1 to 4 became the tenants in common each getting 1/5th share in the property. Properties however continued to be in joint possession and enjoyment of the said heirs. The ground floor of the plaint schedule property is rented to the 5th defendant-Bank for Rs. 450/- p. m. There were misunderstandings between the plaintiff and the 4th defendant. Even otherwise the brothers thought of effecting partition by metes and bounds. The 4th defendant was not agreeable. Therefore, a legal notice was issued to him. When he did not accede to the request made, the present suit is filed for partition and separate possession,