NAGARAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is from the Judgment and Decree dated 17.01.2004 in O.S.No.16271/2001 on the file of XXVIII Additional City Civil and Sessions Judge, Bengaluru. The plaintiff is the appellant and the defendants are the respondents in this appeal. In fact, by judgment dated 19.03.2010, this appeal had been decided by this court; and the said judgment being set aside by the Hon'ble Supreme Court, and the appeal remanded to this court for decision afresh, we have heard the arguments of the learned counsel appearing for the parties. Before dealing with evidence on record and the legal issues involved, the pleadings, with respect to position of the parties in the suit, briefly stated, are as follows:

(2.) D.N. Vasanta Kumar, father of the plaintiff and the defendants 2 to 4 and husband of defendant no.1, during his lifetime owned the suit properties. He got them in a partition that took place on 29.03.1967. Vasanta Kumar died intestate on 31.11984. The plaintiff claims 1/5th share in the suit properties.

(3.) The defendants, in their written statement admit the relationship and the intestate death of Vasanta Kumar on 31.12.1984. But according to them, the suit properties did not belong to Vasanta Kumar absolutely; they have pleaded that the properties belong to Hindu Undivided Family of which Vasanta Kumar was a Karta. The properties belonged to D.K. Nabhirajaiah, the father of Vasanta Kumar and they are the ancestral properties of the joint family. In the partition that was effected on 29.01967, Vasanta Kumar received his share in the joint family property and therefore the plaintiff is entitled to 1/5th share in the 1/3rd share of Vasanta Kumar. The plaintiff is not ready to accept the actual share she is entitled to, and that the defendants are ever ready to give her actual share.