LAWS(KAR)-2008-2-1

VEERAPPA Vs. HALLAVVA

Decided On February 12, 2008
VEERAPPA Appellant
V/S
HALAWA Respondents

JUDGEMENT

(1.) THIS Second Appeal is by the legal heirs of the second defendant in O. S. No. 89 of 1982 on the file of the Court of the Munsiff and JMFC at Hirekerur wherein the defendants suffered a decree to yield one-third share in the suit schedule properties in favour of the plaintiff who had sued for partition and separate possession of her share in the suit schedule properties and could not wriggle out of this judgment and decree of the trial Court, in their appeal RA No. 27 of 1987 before the Court of Civil Judge (Sr. Dn. ,) and Prl. JMFC, Ranebennur, and are therefore before this Court invoking Section 100 of the Code of civil Procedure.

(2.) THE suit for partition by the plaintiff was on the premise that the suit schedule properties were the joint family properties of the family with one Abalurappa as Propositus who had as many as eight sons and the plaintiff one Halawa claiming as the daughter of Mallashetappa, grand son of the propositus Abalurappa, through his first son Veerabasappa. The first Defendant Prabhappa happens to be another grandson of the propositus - Abalurappa being son of his second son Gurupadappa. The second defendant though is son of third son Veerappa had been described as adopted son of fourth son of the propositus Shivappa and therefore being given the share which Shivappa, son of the propositus - Abalurappa would get in the properties. The properties were sought to be shared amongst the descendants of only these three sons as it was the case of the plaintiff that the sixth, seventh and eighth son of the propositus -Abalurappa had got separated earlier and it is only the branch comprising of other five sons of Abalurappa who remained in the joint family and even here the fifth son - Basateppa or his heirs were not made parties as perhaps the understanding was that Basateppa not leaving any male heirs, the share of Basateppa had reverted and remained with the family. The genealogy of the family indicating the relationship of parties is as under: <IMG>np_1015_kccr2_2008.jpg</IMG>

(3.) THOUGH that would leave four sons and their descendants to share the properties, the branch of the third son veerappa having dried up with one son each, first and third son having gone in adoption to the branches of Veerappa's brother i. e. , Mallashettappa having been adopted by first son Veerabasappa and Veerabhadrappa, third son of Veerappa having been adopted by fourth son Shivappa and the only other son of Veerappa, namely, basavannappa having died without male issues, the version of the plaintiff was that joint family properties were to be shared amongst three sons and their descendants and that is how one-third share was claimed by the plaintiff as legal heirs of Mallashettappa adopted son of Veerabasappa who would have one-third share in the family properties.