APPAYYA GOWDA AND OTHERS Vs. BALAKKA

JUDGEMENT

(1.) This is defendant's appeal against the judgment and decree dated 8th April, 1987 in OS No. 42 of 1980 on the file of the learned Civil Judge and JMFC, Puttur (DK).

(2.) The defendants have suffered a decree for partition by metes and bounds of the suit B schedule property which was an agricultural land. Respondent Ist plaintiff Balakha filed the suit on her own behalf and on behalf of her minor children claiming 1/6th share in the suit schedule property describing the property as of Hindu undivided family, consisting of defendant Appayya Gowda, 2nd Defendant Rukmayya Gowda (since deceased) and the husband of plaintiff No. 1.

(3.) The suit was resisted by the defendants essentially on the ground that the deceased husband of the plaintiff-1 had separated himself and by an earlier oral partition each one entitled to a share had been given his share in the suit schedule property and put in separate possession, such properties were listed in writing duly attested by witnesses, drawn up by the patel of the village and, therefore, the claim made by the Ist plaintiff for partition and separate possession was wholly untenable.