MALIPATIL BASAVARAJAPPA Vs. SARVAMANGALAMMA

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff challenging the Judgment and decree dated 2.9.1997 passed by the Principal Civil Judge, Raichur in O.S.No. 19/1989 by which the suit filed by the plaintiff has been dismissed with costs.

(2.) FOR the sake of convenience the parties shall be referred to in terms of their status before the trial court.

(3.) IN response to the service of notice by the trial court, defendant Nos.1 to 3 appeared and filed a written statement denying the allegations made in the plaint and specifically contending that the partition that took place in the year 1970 and which was registered on 7.6.1974 was not a partial partition but it was a complete partition of the joint family properties and that the plaintiff had insisted that he should be allotted his share in the joint family properties. Therefore, during the life time of their father plaintiff was allotted his share in the schedule 'A' properties and in addition cash amount of Rs.70,000/- was given to him in lieu of other movable and immovable properties and therefore, the plaintiff had severed his relationship with joint family. Therefore, he had no right, title and interest in respect of 'B' schedule properties and hence sought for dismissal of the suit.