RAMA GAUDA Vs. ABHIMANYU GAUDA

JUDGEMENT

(1.) This is a defendant's appeal against an affirming judgment.

(2.) Respondent as plaintiff instituted Title Suit No.30 of 1981 in the court of the learned Munsif, Bhanjanagar impleading the appellant as defendant no.1 for partition of suit schedule properties. The case of the plaintiff is that he and defendant no.1 are the sons of late Agadhu Gouda. Defendant no.2 is their mother. The suit schedule lands are the ancestral properties of the plaintiff and defendant. The plaintiff is in possession of the same. The defendant no.1 was working in a Colliery at West Bengal. He came back in the year 1981 and threatened to dispossess the plaintiff from the suit properties. Thereafter the plaintiff requested him for partition of the suit properties, but he maintained a stony like silence.

(3.) Defendant no.1 entered appearance and filed written statement stating therein that the suit lands are their ancestral properties. The specific case of defendant no.1 is that the plaintiff had been adopted by one Chaitanya Gouda. The plaintiff is staying with his adoptive father from his childhood. He denied the possession of the plaintiff over the suit lands.