PARAPPA Vs. BHIMAPPA

JUDGEMENT

(1.) THIS is defendants' second appeal against the judgment and decree of the lower appellate Court, which has decreed the suit of the plaintiffs for partition and separate possession of their 1/3rd share in the suit schedule properties.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) PLAINTIFFS-1 and 2 and defendants-1 and 2 are brothers. Third defendant is the wife of the first defendant. The case of the plaintiffs is that suit schedule properties are joint family properties. It has got three portions abutting each other. Plaintiffs and defendants-1 and 2 are in joint possession of the same. After the death of their mother Gangawwa, misunderstanding arose between the parties. When the plaintiffs demanded their legitimate share in the suit schedule properties, the defendants flatly denied their right by showing a document styled as Will, which according to the plaintiffs is false, fabricated, concocted and bogus. On the basis of the alleged Will, the third defendant is attempting to get her name created in the Municipal records with the help of defendants-1 and 2. Second defendant died on 17/1/2001 issueless and intestate. Therefore the plaintiffs have filed the present suit for their 1/3rd share in the suit schedule properties.