LAXMI N. SHETTY Vs. SHAMBHAVI SHEDTHI

JUDGEMENT

(1.) The plaintiffs are the appellants. The suit is in O.S. No. 112/1982 on the file of the 1st Additional Civil Judge, Mangalore is for a partition of the plaint 'A' Schedule properties.

(2.) The case of the plaintiffs is that the plaintiffs and the defendants are the legal heirs of the deceased B. Narayana Shetty. The first plaintiff is the legally wedded wife of the said Narayana Sheety and the first defendant is the other wife. The marriage was taken place when there was prohibition in law for the second marriage. The plaintiffs and the defendants are the legal representatives equally entitled to inherit the estate of the deceased B. Narayana Shetty. The properties described in the plaint B schedule are the immoveable properties and they are liable to be partitioned among the parties in equal shares. They are in joint and constructive possession of the same. Thus partition was claimed.

(3.) The defendants I to 4 denied the claim of the first plaintiff as the wife. They contended that there was no relationship between the plaintiffs and the defendants. Plaintiffs and defendants 5 and 6 are Bunts by caste but they are Kottaris by caste. That they are not related to Narayana Shetty. Defendants I to 4 are the only legal representatives. There was no marriage at any time. D7 and D8 are alinees. D5 and D6 are the children of first plaintiff.