VERUPEGOWDA Vs. SHANKARAGOWDA

JUDGEMENT

(1.) THIS appeal is by the original plaintiffs, whose suit for partition and separate possession, was dismissed by the trial Court and was also upheld by the first appellate Court. For convenience, in this judgment, the appellants would be referred to as plaintiffs and respondents would be referred to as defendants.

(2.) THE basic facts of this matter is not in dispute.

(3.) THE plaintiffs and defendants are full brothers, being the sons of Basavegowda. The two items of plaint schedule properties are agricultural lands which originally belonged to one Rudregowda, which was taken on lease for cultivation by the plaintiffs' father. With coming into force of the Karnataka Land reforms Act, 1961 (as amended by Karnataka act 1/1974), ('the Act' for short), and the prohibition of leases etc. , under Section 5, the suit lands vested in the State Government under Section 44. On an application made by the 1 st defendant in Form 7 under Section 48-A (1) of the Act, the Land Tribunal by an order dated 17-9-1981 has ordered for registration of the occupancy rights on him. Since the suit schedule properties were not partitioned, claiming a share of 1/4th each therein, the suit was filed. The 1st defendant contested the suit by filing written statement, which was adopted by the 2nd defendant. Relationship between the parties was not disputed. The averments made in the plaint with regard to the claim to the suit schedule properties was denied. It was contended that, Form 7 was filed by him after the partition in the family and the Land tribunal ordered the registration of occupancy rights in his favour, that the same is his own property and hence is not available for partition. Based on the pleadings of the parties, the trial Court framed the issues.