MAHABALA BABU KUKYAN S/O LATE BABU POOJARY SINCE DEAD BY LRS Vs. RATHI K POOJARTHI W/O LATE KUDUPA POOJARTY, SINCE DEAD BY LRS

JUDGEMENT

(1.) This appeal is directed against the Judgment and decree passed by the I Additional District Judge, D.K. Mangalore, in R.A.No.12/2008 dated 05.09.2009 on which date appeal came to be dismissed, wherein the Judgment and decree dated 04.12.2007 passed by the I Additional Civil Judge (Sr.Dn), Mangalore in O.S.No.19/2001 came to be confirmed. The defendant is appellant.

(2.) In order to avoid confusion and overlapping, parties are referred to in accordance with the rankings held by them in trial court.

(3.) Suit is for partition of the suit schedule property wherein plaintiff claimed his right for a share. The bone of contention between the parties in this case is tenancy and its legal effects in respect of a joint Hindu family.