GOOTY THOTAPPA Vs. GOOTY GURUSIDDAPPA

JUDGEMENT

(1.) This appeal brought on behalf of defendants I and 2 in 0. S. No. 123 of 1974 on the file of the Court of the Civil Judge, Bellary, is directed against the judgment and decree dated 4-11-1970 made therein decreeing partition -and possession of plaintiff's 1/7th share in the plaint 'A' schedule properties (excluding, however, House Item No. 1; and Item 5 and Items 17 to 35 thereof).

(2.) First respondent herein is the plaintiff. Appellants 1 and 2 and the second respondent are defendants 1, 2 and 3 respectively. The parties are hereinafter referred with reference to their array and ranking in the Court below.

(3.) it is averred in the plaint that parties were members of a Hindu undivided family and that the immovable properties in the plaint 'B' schedule and the moveables in the plaint 'B' schedule constitute coparcenary estate liable to partition, plaintiff claiming a 1/15th share therein. The relationship amongst the parties is set out in the following genealogical table : (see the Table below) Plaintiff alleged that the said joint family was originally comprised of two branches, Channappa and: his brother Jambappa representing one branch and Thotappa, Kotrappa and Chandrappa defendants 1 to 3 respectively and Veerappa, plaintiff's father, representing the other branch of Gaddeppa-11, each branch having had a moiety of interest, In the latter branch each of the four sub-branches had an undivided 1/4th share. In other words, Channappa and Jambappa together had an undivided half-share and the branches of Veerappa, Thotappa, Kotrappa and Chandrappa which together constituted the branches of Gaddeppa-11 was entitled to the other half.