BOREGOWDA Vs. RANGAMAYAMMA

JUDGEMENT

(1.) THE defendant challenges the decree for partition of 1/8th share of the plaintiff by the first Appellate Court while the suit was dismissed by the trial Court. Hence, this second appeal.

(2.) Plaintiff's mother Javaramma and the second defendant were the wives of one Ningegowda, who died in 1960 leaving behind him the plaintiff, her mother, the son first defendant and the other widow-second defendant. Claiming that on the death of Ningegowda, succession opened, the plaintiff and the first defendant are each entitled to 2/5th share and surviving widow the second defendant is entitled to the remaining 1/5th. The suit for partition was laid.

(3.) THE defendants resisted by contending that the plaintiff's marriage took place in 1951. Ningegowda died in 1945 or 46 and therefore the first defendant alone became the sole surviving co-parcener and consequently the plaintiff is not entitled to any share. The 9th item of the suit schedule is built out of the defendant's earnings. In any event, the defendants are perfected their title by adverse possession. Plea of limitation was also raised.