N A GOPALA GOWDA Vs. N A NINGEGOWDA

JUDGEMENT

(1.) This is an appeal by the defendants 1 and 2 against the Judgment and decree dated 14- 11-1986 of the Civil Judge at Chickmagalur made in O.S. NO. 56 of 1980 on his file. In (he course of the Judgment, we will refer the parties by the ranks assigned to them in the trial court.

(2.) Plaintiff N.A. Ningegowda brought the suit for partition of suit schedule item 'A' immovable properties as well as suit schedule item 'B' movable properties inter alia pleading that they were the joint family properties of the family of which defendants 1, 3 and 4 and himself were members but undivided and therefore despite the demand for partition, his share had not been given and therefore he was compelled to file the suit seeking partition and separate possession of his share in suit properties in schedules 'A' and 'B'.

(3.) Defendant No. 1 filed his written statement resisting the claim inter-alia contending that only suit schedule 'A', items 1 to 12, were the properties of the family while the reminder of the properties were purchased by him and his wife out of their own funds and did not constitute part of joint family properties which was available for partition. He also specifically pleaded that item No. 24 the Coffee Estate measuring 10 acres in extent situate in Bankal village of Mudigere Taluk was neither his nor his wife's and nor were they in possession of the same.