SUNKAMMA Vs. H RAMAYYA REDDY

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff against the judgment of the learned Second Additional Civil Judge, Bangalore, in R. A. No. 41 of 1991, dated 13-3-1995 dismissing the said appeal and confirming the. ludgment of the Trial Court dated 13-2-1991 in O. S. No. 75 of 1986.

(2.) FOR the sake of convenience, I shall refer the parties as arrayed in the Trial Court.

(3.) THE plaintiff filed the suit for partition of the plaint schedule properties and for recovery of possession of her l/4th share alleging that she is the second wife of one Pillareddy and defendants 2 and 3 are her daughters. First defendant is the son of Pillareddy by the first wife late thimmakka. During the lifetime of Pillareddy, a partition took place between himself and the 1st-defendant under a registered partition deed dated 15-6-1972 and in the said partition the plaint schedule properties fell to the share of Pillareddy. Pillareddy died in or about the year 1980 and after his death plaintiff and defendants inherited the said properties as his legal heirs. Plaintiff is in joint possession and enjoyment of the plaint schedule lands, which are ancestral and joint family properties of Pillareddy. Plaintiff further alleged that in spite of several demands made, first defendant has evaded to effect a partition and separate possession of her 1/4th share in the suit schedule properties, she, therefore, filed the suit in the Trial Court for the relief of partition and separate possession of her 1/4th share in the suit schedule properties.