SRI. AITHAPPA NAIK Vs. SRI. GURUVA NAIK

JUDGEMENT

(1.) This first appeal is by the unsuccessful plaintiff in OS.No. 220/1994 on the file of the Civil Judge (Sr.Dn), Mangaluru, wherein the suit filed by him for the relief of declaration that plaint 'A' and 'B' schedule properties are the joint family properties of plaintiff and first defendant, for a fair and equal partition of said properties, for accounting of the income of the properties from the date of the suit till date of delivery of the share of the plaintiff pursuant to a decree to be passed and also for mesne profits, is dismissed.

(2.) In the suit, the plaintiff referred to two items of properties, namely suit 'A' schedule bearing Sy.No. 339/2 measuring 97 cents and suit 'B' schedule bearing Sy.No. 339/1A1B measuring 1 acre 65 cents, both situate at Vittal Mudnoor village of Bantwal Taluk, Dakshina Kannada District.

(3.) In the aforesaid proceedings, as and by way of pleadings, the plaintiff would state that the land bearing Sy.No. 339/2 was purchased by his father under a registered sale deed in the year 1938 and the adjacent land, namely land bearing Sy.No. 339/1A1B, a government land, was in joint cultivation of the family members. He would further state that subsequent to death of his father there was a family arrangement, wherein an extent of 1 Acre 15 guntas in Sy.No. 339/1A1B and an extent of 40 cents in Sy.No. 339/2 was under the cultivation of the first defendant, which is referred to as 'X' Schedule in the suit. The plaintiff would also state that he was in possession of an extent of 57 cents in Sy.No. 339/2 and 50 cents in Sy.No. 339/1A1B, which is referred to as 'Y' Schedule in the suit.