SRI. MAHADEV S/O DHULAPPA MALI, SINCE DECEASED BY HIS LRS AND OTHERS Vs. SMT. SEVANTA W/O CHANDRAPPA MADAR AND OTHER

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of the Principal Senior Civil Judge, Athani ('first appellate Court' for short) in R.A.No.59/2013 dated 28.07.2015 whereby the appeal filed by the appellants herein is dismissed confirming the judgment and decree passed by the Principal Civil Judge (Jr.Dn.) and JMFC, Athani ('trial Court' for short) in O.S.No.568/1998 dated 18.11.2004.

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

(3.) Plaintiff preferred O.S.No.568/1998 against the original defendants claiming partition and separate possession of her ?th share in the suit property. The subject matter of the suit is land bearing Sy.No.297 measuring 9 acres 4 guntas situated at Mangasuli village, Athani Taluk. The plaint averments are that, suit schedule property originally belonged to one Sri.Bapurao Desai, Sri.Ramu Madar who is none other than the father of plaintiff and defendant Nos.2 and 3 and the husband of defendant No.1 was cultivating the suit land as a tenant. Later on, the tenancy rights have been conferred on Ramu Madar by the Land Tribunal. On the basis of the same, plaintiff, defendants and the said Ramu Madar were in possession, cultivation and enjoyment of the said land as joint family members. After the demise of Ramu Madar, the plaintiff and defendant Nos.1 to 3 are in possession and enjoyment of the suit schedule property till the date of filing of the suit. Defendant No.1 being the mother of defendant Nos.2 and 3 taking undue advantage of her name entered in the revenue records pertaining to the suit property is attempting to alienate the suit schedule property in favour of third parties so as to defraud the legitimate share of the plaintiff. Therefore, the plaintiff was constrained to file the suit for partition and separate possession of her half share in the suit schedule property.