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2012 Supreme(Kar) 512

N.KUMAR
Puttakkaiah – Appellant
Versus
Basamma – Respondent


Advocates Appeared:
For the Appellant :Mrs. H.D. Sukanya, for Mahantesh S. Hosmath, Advocates.
For the Respondents:R.D. Renukaradhya, R1, P. Nataraju Associates, Advocates, R2 to R4, Are Served.

Judgment :-

1. This is a first defendant's appeal against the judgment and decree in O.S.No.120/1997 wherein the Trial Court has decreed the suit of the plaintiff for partition and separate possession granting equal share in the suit schedule property.

2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit. The father of the plaintiff Patel Puttappa had two wives viz., Smt.Nanjamma and Smt.Boramma. The plaintiff is the daughter of the first wife Smt.Nanjamma. The first defendant Smt.Puttakkaiah is the daughter of Smt.Boramma, the second wife. The case of the plaintiff is plaintiff and defendant constitute an undivided Hindu family and all the ancestral properties are in their joint possession and enjoyment. There has been no partition or division of the joint family properties. The joint family properties are set out in the schedule to the plaint. After their marriage, the plaintiff and the defendant are living separately at different places i.e., plaintiff at Rajegowdana Hundi and the defendant is at Bheemanahally. Under a family arrangement, the plaintiff and defendant looked after and cultivated lands situated at Bheemanahally




















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