MALLA NAICKER ALIAS SINGARI Vs. JEEVA MINOR

JUDGEMENT

(1.) The defendants are the appellants herein. The respondents/plaintiffs filed the suit for partition of 3/8 share in the suit property.

(2.) The case of the respondents/plaintiffs was that the first appellant is their paternal grandfather and the second appellant is their paternal grandmother and the third appellant is their father. The suit properties are the joint family properties in the hands of the first appellant. As the third appellant, being the father of the respondents/plaintiffs, neglected to maintain them and was leading a wayward life, the mother of the respondents/plaintiffs, is living separately and as the properties are joint family properties, they are also entitled to a share in the properties. Hence, the suit was filed for partition of their 3/8 share in the suit property. It was further stated that the suit properties are purchased out of the income from the joint family properties in the name of the appellants/defendants 1 and 2 and therefore, the suit properties are the ancestral properties in which the respondents/plaintiffs have got their right by birth. Hence, they are entitled to claim their share in the suit properties.

(3.) The appellants/defendants contested the suit denying the allegations made against the third appellant and further contended that the properties are not joint family properties and they were not purchased out of the joint family nucleus and they are the separate properties of the appellants/defendants. Therefore, the respondents/plaintiffs cannot claim any share in the properties by birth