CHINNAMUIAMMA Vs. PATTAMMAL (DECEASED)

JUDGEMENT

(1.) The defendants in the suit are the appellants in this second appeal. The suit was laid by the plaintiffs on the premise that the first plaintiff - Chennamma is the first wife of Muniveerappa and the second plaintiff is the daughter bom through the said wedlock. Since, Muniveerappa and Chennamma had no male issues, they adopted the third plaintiff - Krishnappa as their son. Later, Muniveerappa, married the first defendant - Chinnamuniamma. Through whom, he begotten, one son - Ramachandrappa and one daughter Seethamma.

(2.) After the death of Muniveerappa, the plaintiffs were driven out of the joint family residence and hence, notice was issued on 24.05.1974 seeking partition. Thereafter, a panchayat was held in the presence of elders wherein, the defendants agreed to give the share to the plaintiffs. As agreed, for few years, during the time of Ugadhi, they were sharing the yield from the property with the plaintiffs but, not given any share in the property as agreed. When the defendants tried to alienate the property to the 6th defendant, it was questioned by the plaintiffs. Thereafter, the defendants stopped sharing, even the yield from the joint family property with the plaintiffs. Hence, the suit for partition.

(3.) The defendants resisted the plaint on the ground that the first plaintiff is not the first wife of Muniveerappa. The plaintiffs are nowhere related to Muniveerappa. The first defendant - Chinnamuniamma, is one and only wife of Muniveerappa and the second defendant is their son. The third, fourth and fifth defendants are the legal representatives of Seethamma daughter of Muniveerappa.