C RAJA RAM Vs. TARABAI

JUDGEMENT

(1.) The unsuccessful defendants No. 1, 3 and 4/appellants herein have filed the present Regular First Appeal against the judgment and decree dated 07.09.2012 made in O.S.No.15/2011, on the file of the Senior Civil Judge, Gangavathi, decreeing the suit of the plaintiffs/respondents No.1 to 3, holding that the plaintiffs are entitled to 1/6th share each in the suit schedule properties.

(2.) For the sake of convenience, the parties are referred to as per their rankings before the Trial Court.

(3.) The respondents No.1 to 3 who are the plaintiffs before the Trial Court had filed a suit for partition and separate possession in respect of the suit schedule properties, more fully described in the schedule to the plaint, contending that the plaintiffs are the daughters of defendants No.1 and 2. The 1st plaintiff is the elder sister of defendant No.3 and younger sister of defendant No.4. The suit schedule properties are the ancestral joint family properties of the plaintiffs and defendants and there was no partition in the suit schedule properties between the plaintiffs and the defendants, who are the members of joint family. Defendant No.4 was looking after the ancestral and joint family properties as he is younger son of defendant No.1 and 2. Defendant No.4 had sold some of the joint family properties and out of the income derived from sale proceedings, defendant No.4 purchased Item No.III of suit schedule properties from one Nagaraj S/o. Ramachandra Rao. As such, all the plaintiffs and defendants are legally entitled to get their separate shares in the entire suit schedule properties.