VAGISH S/O BASAVARAJ HITTALMANI Vs. GEETADEVI

JUDGEMENT

(1.) This Regular First Appealis by the legal representatives of the 2nd defendant against the judgment and decree dated 24.01.2012 made in O.S.No.41/2009 on the file of the Additional Senior Civil Judge, Haveri, decreeing the suit in part declaring that the plaintiffs are entitled to half share in Sl.No.1 to 5 of suit schedule-1 property, Sl.No. (i) and (ii) of suit schedule-2 property and Sl.No. (i) and (ii) of suit schedule-3 properties. Plaintiffs' suit in respect of Sl.No. (iii) of the Schedule-2 property was dismissed.

(2.) The respondent Nos.1 and 2 who are the plaintiffs before the Trial Court filed a suit in O.S.No.41/2009 for partition and separate possession against the present respondent No.3/defendant No.1 and the present appellant Sri Vagish/2nd defendant contending that the suit Schedule properties consisting of agriculturallands and houses situated at Motebennur in Byadagi Taluk and a RCC building situated at P.B.Road, Haveri and two residential sites at Haveri belong to joint family.

(3.) It was further contended that the deceased Basavaraj Hittalmani was the propositus and he had left defendant Nos.1 and 2 and the plaintiffs. Defendant No.1 was the wife of the deceased Basavaraj Hittalmani, plaintiffs are the daughters of the deceased Basavara Hittalmani, defendant No.2 is only son of the said Basavaraj Hittalmani. According to the plaintiffs, the suit Schedule properties are the undivided ancestral joint family properties of the plaintiffs and defendants and they are in joint possession and enjoyment of the same. There was no metes and bounds in the joint family. In spite of repeated demand made, the defendants have not effected partition, therefore a suit came to be filed for partition.