DEVIDAS RAGHUNATHA RAO POTEDAR AGED ABOUT 50 YEARS, EMPLOYEE IN KHADI BHANDAR, GULBARGA, RESIDENT OF GULBARGA Vs. GANGADHAR BALAKRISHNA NAIK AND OTHERS

JUDGEMENT

(1.) The appellant is the second defendant in O.S.No.160/1995. The suit in question was filed by the plaintiffs seeking partition and separate possession of their share in respect of the suit schedule properties. The trial Court by its judgment and decree dated 27-1-2005 had held that the plaintiffs are entitled to a share in the house bearing No.10-34 in the manner as indicated therein. It was further held that defendant No.1b and defendant No.2 are entitled to ?th share each in the house bearing No.10-34. The plaintiffs claiming to be aggrieved by the allotment of share to defendants 1 and 2 had preferred the appeal in R.A.No.11/2005. The Lower Appellate Court by its judgment, dated 19-1-2006 has altered the share whereby the appellant herein who is the second defendant has been denied the right to the property. It is in that view the second defendant is before this Court in this second appeal.

(2.) This Court while admitting the appeal on 5-6-2008 had framed the following substantial questions of law:

(3.) The relationship between the parties is not in dispute inasmuch as plaintiff No.1 is the son and plaintiff No.2 is the wife of defendant No.1. Defendant No.2 is the purchaser of one of the items of the property bearing house Nos. 10-33 and 10-34 are the joint family properties of the plaintiffs and the first defendant and as such they are entitled to a share. The property bearing house No.10-33 had been sold by the first defendant through the document dated 2-9-1994. The defendants in that view had sought to contend that the sale as made is justified in law as it was for the legal necessity.