FAKIRGOWDA BASANGOWDA PATIL Vs. DYAMAWA GOWDAPPAGOWDA PATIL

JUDGEMENT

(1.) In this case the plaintiff sues to recover by partition one-third share of the suit properties which consist of watan as well as non-watan properties mentioned in the plaint. The defendant contended first that the decision in suit No. 1 of 1905 operated as res judicata, secondly, that the claim of the plaintiff was barred by limitation, and, thirdly, that with regard to the watan lands he was the preferable heir under Bombay Act V of 1886.

(2.) One Chanbasangauda died in 1877 leaving a widow Basava who died in 1879. They left a daughter Sankava who was married to the defendant. Sankava died in February 1902 leaving three daughters Dyamava, the plaintiff, Savantrava and Gangava. The present suit is brought by Dyamava against her father in respect of one-third share of both watan and non-watan properties which were inherited by Sankava from her parents.

(3.) The learned Subordinate Judge held that the decision in suit No. 1 of 1905 did not operate as res judicata, secondly, that the father was not entitled to preference in respect of the watan property, and, thirdly, that the plaintiff's suit was within time as there was no adverse possession of the father either in respect of the watan property or non-watan property. The defendant appeals.