DODDATHIMMEGOWDA @ ANNAIAH Vs. KEMPAMMA

JUDGEMENT

(1.) The present respondent No.1 had instituted a suit in O.S.No.323/2005 in the Court of Principal Civil Judge (Sr.Dn.) at Ramanagara (henceforth for brevity referred to as the `Trial Court ) against the husband of the present appellant (who is since deceased) and other respondents herein for the relief of the partition and separate possession.

(2.) The summary of the case of the plaintiff before the court below was that, plaintiff s husband by name Chikkathimmegowda and defendant Nos.1 to 3 are the brothers and defendant Nos.4 and 5 are their sisters. All of them were residing together. The plaintiff also joined the said family after her marriage with Chikkathimmegowda. After the death of her husband, the plaintiff was thrown out from her matrimonial home by the defendants. As such, she returned to her parental house and started residing there. According to the plaintiff, the suit schedule properties are ancestral and joint family properties of her husband and the defendants. As such, her husband has got 1/4th share over the suit schedule property. Since she succeeded to her husband, she is entitled for the said share.

(3.) The defendants, who filed the written statement in the Trial Court, though admitted the relationship between the parties, but denied that the plaintiff was thrown out from her matrimonial home after the death of her husband Chikkathimmegowda. They also denied that all the suit schedule properties were joint family properties. Defendant No.1 took specific contention that the suit schedule properties are self-earned properties. However, only for name sake, the sale deed was made in the name of Bhadramma, the mother of defendant Nos.1 to 5. They denied that the plaintiff is entitled for any share in the property much less at 1/6th.