CHANNABASSAVAIAH Vs. SHIVAMMA

JUDGEMENT

(1.) 1. This is a defendant's appeal against the judgment and decree dated 16-11-1988 passed in Original Suit No, 66/1986 on the file of the Civil Judge, Tiptur. In the course of this Judgment, we will refer to the parties by the ranks assigned to them in the Trial Court,

(2.) The respondent brought the suit for partition interalia on the plea that she was the wife of defendant's son Basavaraju, since deceased. . Therefore, in the properties, which were absolute prgperties belonging to the defendant and said Basavaraju her deceased husband, she was entitled to succeed to the interest of her husband in the properties. The suit was resisted by defendant interalia contending that Basavaraju was his son and his mother was an immoral woman went away from the house voluntarily and began to live in the hous.e of her father. They had never come back to live with him. He did not know anything about the solemnisation of the marriage of the plaintiff with his son and she was not entitled to any share in the suit schedule properties. Therefore, her suit was liable to be dismissed.

(3.) On such pleadings, the Court framed as many as four issues, which are as follows : -