KUMARA SWAMY Vs. DHARME GOWDA

JUDGEMENT

(1.) THE appellant in this second appeal who was defendant No. 5 in O. S. No. 7/90 on the file of the Civil Judge, chikmagalur has questioned the legality and correctness of the judgment dated 24. 9. 2002 passed by the Principal District Judge, Chikmagalur in r. A. No. 15/98 allowing the said appeal and setting aside the judgment and decree of the trial Court dismissing the said suit and decreeing the suit of the plaintiffs holding that the plaintiffs are entitled for equal share in the suit schedule properties.

(2.) RESPONDENT Nos. 1 to 9 were the plaintiffs in the Trial Court. Respondent Nos. 10 (a) to (d) and 11 to 14 were the defendants Ha) to (d), 2, 3, 4 and 6 in the said suit. The plaintiffs filed the suit for partition and separate possession of the properties described in schedule to the plaint. The properties described in the schedule are agricultural lands. There are three items of the properties. Item - (a) land bearing Sy. No. 52/1 measuring 20 guntas, Item (b) - land bearing Sy. No. 72/7 measuring 1 acre 34 guntas and item - (c) land bearing Sy. No. 138/1 and 138/2 measuring 1 acre 10 guntas situated in Kabbigere Village, Amba Hobli, Marie Post, Chikmagalur Taluk.

(3.) THE undisputed facts are that one Shanthamallegowda was the propositus of the family. He had five sons viz. , Doddabasavegowda - father of defendants 2 and 3, Dharme Gowda- plaintiff No. 1, Sannabasavegowda-plaintiff No. 3, Rudregowda- plaintiff No. 4 and one another Rudregowda -husband of plaintiff No. 2. Defendant No. 1 Smt. Channamma was the wife of said Shanthamallegowda. The plaint schedule properties along with other properties were the joint family properties of late Shanthamallegowda and his sons.