NABAYANA Vs. A SADASHIVA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21-7-1998 in r. a. No. 41 of 1989 on the file of the ii additional district judge, dakshina kannada setting aside the judgment and decree in o. s. No. 266 of 1983 on the file of the ii additional civil judge, dakshina kannada.

(2.) THE parties are referred according to their array in the trial court.

(3.) THE plaintiff instituted o. s. No. 266 of 1983 for partition and separate possession of the plaint a schedule properties and for 8 shares out of 27 equal shares in the property in question. A contention was raised that the tenancy on the basis of which occupancy rights were conferred in favour of the first respondent's father and one muttu hengsu was a joint family tenancy and so, plaintiff was entitled to a share in the lands in question. The trial court found in favour of the plaintiff and granted a decree as prayed for. The appeal by the defendant-sadashiva s/o shyamba bhandari namely, the first respondent herein was allowed by the appellate court and the learned civil judge was directed to dispose of the suit on the basis of a decision in mudakappa v rudrappa and others. Hence this miscellaneous second appeal.