DODDMARIGOWDA S/O LATE MARIGOWDA AND SMT. CHANNAMMA W/O LATE MARIGOWDA Vs. SMT. JAYAMMA W/O LATE HUCHEGOWDA, KUM. SHIVAMMA D/O LATE HUCHEGOWDA MINOR, REPTD. BY NEXT FRIEND AND MOTHER THE SMT. JAYAMMA, SMT. S. CHIKKATHAYAMMA W/O NANJEGOWDA AND SM

JUDGEMENT

(1.) THIS appeal is preferred by defendants -1 and 2 in O.S. No. 33/97. challenging the judgment and decree of the trial Court, which has granted a decree for partition and separate possession and granting 1/2 share to the plaintiffs in the suit.

(2.) THE subject matter of the suit is 5 items of immovable properties. Item No. 1 is the house property and vacant site. Item Nos. 2 to 5 are agricultural land. One Marigowda is the propositus. The second defendant Channamma is his wife. They had three sons by name Karithimmegowda Doddamarigowda and Huchegowda. Karithimmegowda predeceased his lather in 1976. Plaintiffs are the wife and minor daughter of Huchegowda. The first defendant is Doddamarigowda. defendants -3 and 4 are daughters of Marigowda. The case of the plaintiffs is that all the suit schedule properties are joint, family properties. There is no partition in the family. In fact, in the lifetime of Huchegowda, he had thrown the plaintiffs out of the house. They had tiled a suit for maintenance before the learned Munsiff. Channapatna and there was a decree for maintenance. The decree was executed and the amounts were recovered. After the death of Huchegowda on 07.08.1993, they preferred this suit for partition and separate possession of their legitimate share in the suit properties as it was denied to them. Therefore they sought for 1/2 share in the suit properties and for other consequential reliefs.

(3.) THE daughters did not file any written statement.