NEELAWA Vs. RUDRAYYA

JUDGEMENT

(1.) THIS is a plaintiffs appeal against the order of the First Additional civil Judge (Senior Division), Dharwar in R. A. No. 18 of 1995 challenging the remand of the case to the Trial Court with a direction to refer issues 2 and 6 to the Land Tribunal for adjudication.

(2.) THE plaintiff instituted a suit for partition and separate possession of a house and two agricultural lands enumerated in the plaint schedule. The defendant, who is unrepresented in this Court, contested the plaintiffs right to seek partition of the properties claimed in the plaint. The issue No. 2 related to the claim of the plaintiff that the properties are joint family properties in the possession of the joint family. Issue No. 6 related to the claim of the defendant that R. Sy. No. 196 measuring 8 acres and 10 guntas is his exclusive property and consequently not liable for partition. The learned Munsiff examined the respective contentions of the parties, and granted a decree in favour of the plaintiff for partition and separate possession of her half share to be worked out in accordance with law and also directed that the income from the properties quantified at Rs. 10,000/- per annum be given to an extent of half share in favour of the plaintiff since the year 1989.

(3.) THE defendant filed R. A. No. 18 of 1995 contesting the decree of the trial Court. The learned Civil Judge by the impugned judgment and decree set aside the judgment and decree of the Trial Court and re manded the matter to the Trial Court with a direction that issues 2 and 6 regarding the tenancy of the land be referred to the Trial Court to ascertain whether the tenancy was a joint family tenancy or not. Hence, this appeal.