THAYAPPA Vs. ASWATHANARAYANAPPA

JUDGEMENT

(1.) The appellant Thayappa who was defendant No. 1 in the trial Court is aggrieved by the judgment and decree passed in O.S. 6 of 1976 on the file of the then Civil Judge, Bangalore District, Bangalore, The judgment and decree is dated 9-12 1977.

(2.) The suit was filed by the plaintiff-Aswathanarayanappa and his cousins Smt. Ankamma and Smt. Nagamma who were the daughters of his pre-deceased uncle, the brother of his father The suit was for partition and possession of the suit schedule properties which he claimed were joint-family properties of the joint family. They alleged that one Koogur Munishamappa was the propositus and he had two sons Koogur Venkatappa and Koogur Nagappa. Kugoor Munishamappa, the Propositus, died long ago. Kugoor Venkatarpa died some five years before the filing of the suit. The other son of Koogur Munishamappa, that is, Koogur Nagappa also died long prior to the filing of the suit. Koogur Venkatappa, the first son, was married to Sunkamma who died some three years before the presentation of the suit leaving behind her daughters Ankamma and Nagamma, plaintiff Nos.2 and 3.

(3.) The other branch of the family headed by Koogur Nagappa consisted of Papamma who died some 7 years before the filing of the suit leaving behind her sons, Thayappa, Defendant No 1 and Aswathanarayanappa, Plaintiff No. 1. The relationship is not disputed.