VENKATARAMAIAH Vs. GAVIRANGAMMA

JUDGEMENT

(1.) The second appeal in RSA.No.1781/2005 and miscellaneous first appeal in MFA.No.6989/2010 are filed by the common defendants in OS.No.213/1989 and OS.No.269/1989 on the file of Munsiff and JMFC, Koratagere.

(2.) The facts leading to these two appeals are as under;

(3.) The records would indicate that defendants 1 to 3 in OS.No.213/1989 and defendants 1 and 2 in OS.No.269/1989 filed written statement denying execution of palu patti between the plaintiff and his brother - 1st defendant. However, in principle it is accepted that there was a partition between the brothers several years prior to the filing of both suits, wherein eastern half portion of Sy.No.9 was granted to the share of plaintiff and western half portion of said land was granted to the share of 1st defendant. So far as this distribution is concerned, there is no dispute. In fact, the dispute is mainly with reference to plot measuring 20 feet x 20 feet in a portion of Sy.No.9 situated on its western side, hence, execution of palu patti is also denied inasmuch as the case of the plaintiff mainly dependents upon the recitals in palu patti, which is produced and marked in the trial court as Ex.P1, wherein while dividing the property between the parties there is reference to plot measuring 20 feet x 20 feet being allotted to the share of plaintiff in the western half portion of Sy.No.9, which is allotted to the share of 1st defendant.