HANUMAMMA Vs. SRIKANTAIAH

JUDGEMENT

(1.) This is defendants' appeal arising out of the judgment and decree dated 7.4.2007 passed by the Senior Civil Judge, Kunigal in O.S. No.67/2005. By the impugned judgment, the trial Court has decreed the suit of the plaintiff for partition and separate possession of his one-third share in the suit properties and for mesne profits.

(2.) The appellants are defendant Nos. 1 and 2 and respondent is the plaintiff before the trial Court. Pending this appeal, appellant No. 1 (defendant No. 1) died and her legal representatives are brought on record. The subject-matter of the suit in all are 12 immovable properties. Out of them, suit schedule item No. 8 is house property and suit schedule item Nos. 10 to 12 are sites and rest of the properties are landed properties. For the purpose of convenience, the parties will be referred to hereafter with their ranks before the trial Court.

(3.) The case of the plaintiff in brief is as follows:- That the defendant No. 1 is the mother and defendant No. 2 is the elder brother of the plaintiff. The plaintiff and defendants constituted joint family. The defendant No. 2 being elder brother, is the 'Karta of the family. The suit schedule item Nos. 2, 8 and 9 are ancestral properties and suit schedule item Nos. 1, 3 to 7 and 10 to 12 are acquired out of the nucleus of joint family properties and the salary income of the plaintiff. Since defendant No. 2 is the 'Karta,- the sale deeds were obtained in his name. The plaintiff was working in the Coffee Board, Bengaluru and substantially contributed for the maintenance of family and acquisition of the suit schedule properties. After the death of his father, the Rarta of the ancestral properties is changed to the name of defendant No. 2. Of late, defendant No. 2 is acting detrimental to the interest of plaintiff in the suit schedule properties. Therefore, the plaintiff demanded for partition and separate possession of his share in the suit properties, which is declined by the defendants. Hence, the suit.