K S BASAVARAJAPPA Vs. VEERABHADRAPPA

JUDGEMENT

(1.) THIS appeal is against the judgment and decree passed by the civil Judge and JMFC, Hunsur, in OS 8/1993.

(2.) THE suit is filed for partition and possession by the plaintiffs in respect of the properties comprised of land, house and moveable articles. The 1st plaintiff is the younger brother and 2nd plaintiff is the elder sister of the defendant against whom the plaintiffs joined together, filed a suit for partition and possession. It is stated that their father died 35 years ago and that the suit properties are the joint family properties and they are in joint possession, and that defendant is trying to alienate the suit schedule property despite the attempt made by the plaintiffs to effect partition and since defendant did not accede to the request, the suit is filed.

(3.) IN the written statement filed by the defendant, it is his specific case that during 1963 itself there was a partition effected between the two brothers and at that time 1 acre of land was gifted to the 2nd plaintiff on 26. 9. 1963 jointly executed by both the parties as such, she is not entitled for a share and the 2nd plaintiff got married in the year 1959 itself. After partition the defendant is said to have migrated to Hosa Agrahara from Kodiyala and subsequently acquired plaint B and C Scheduleproperties. Even according to the defendant, the plaintiff also sold 1. 10 acres of land allotted to the share of the mother ningamma in the year 1965. Stating that four items of properties were allotted to him at Kodiyala, Bommenahalli and Doddavaddragudi to an extent of about 8. 08 acres and that 1st plaintiff has been allotted nearly 11 acres of land at Kodiyala and Somanathapur village and there was also division of movables and cattle and also a house property has been divided among the brothers.