The main legal point established in the judgment is the distinction between joint family properties and separate properties of the members, as well as the presumption of jointness of the family under the Hindu Succession Act, 1956.

JUDGMENT

N. K. Sudhindrarao, J. - This appeal is directed against the judgment and decree dated 29.01.2016, passed by the learned Principal Senior Civil Judge, Haveri, in O.S.No.70/2011, wherein the suit for partition and separate possession came to be decreed and held that the plaintiffs are entitled for partition and separate possession as under;

The plainti ffs are entitled for partition and separate possession of share each in 1/3rd share of Veerappa Lamani i.e. 1/12th share each in item No.1 of schedule B i.e. land bearing RS.No.109/1 measuring 6 acres. The plaintiffs are entitled for partition and separate possession of 1/4th share each by metes and bounds, in land bearing RS.No.107/3, 107/7, 53/B, 92/1 of schedule B and C and item Nos.1, 2 and 5 of schedule D properties.

Being aggrieved by the said judgment and decree, the defendants have come in appeal.

2. In order to avoid confusion and overlapping, the parties are referred to as per their ranking before the trial Court.

3. We have carefully considered rival contentions and perused the records.

4. This is an appeal by the defendant No.1- Hemanta. The respondents are as under;

1. BASAVARAJ S/O VEERAPPA ARKASALI @ LAMANI,

2. SHANTAVVA W/O UMESH ARKASALI @ LAMANI,

3. PARAVVA W/O RAMAPPA LAMANI,

4. RAVI S/O RAMAPPA LAMANI,

5. RAMAPPA S/O GULAMSINGH LAMANI, AGED ABUT: 35 YEARS,

6. RENAKAVVA SHIVAJI ARKASALI, AGED ABUT: 35 YEARS,

7. RAJU SHIVAJI ARKASALI,

8. JAGADISH SHIVAJI ARKASALI,

9. SANTOSH SHIVAJI ARKASALI,

10. DHEERSINGAPPA SHIVAPPA ARKASALI,

11. YALLAVVA W/O GANGAPPA ARKASALI,

12. SHANKRAPPA GANGAPPA ARKASALI,

13. GANESH GANGAPPA ARKASALI, AGED ABUT: 17 YEARS, OCC: NIL, (MINOR REPRESENTED BY MINOR GUARDIAN RESPONDENT NO.11),

14. POMAPPA SHIVAPPA ARKASALI,

15. MOUNESH SHIVAPPA ARKASALI,

16. LAKSHMAVVA W/O SHARANAPPA ARKASALI,

17. LALITAVVA W/O SHARANAPPA ARKASALI,

18. MANGALAVVA W/O SHANKRAPPA ARKASALI,

19. RAMU GULAMSINGH ARKASALI,

20. VASAPPA HARILALAPPA ARKASALI,

21. MOUNESH HARILALAPPA ARKASALI,

22. SMT.SHANTAVVA

23. UMESH HARILALAPPA ARKASALI,

24. MOUNESH HARILALAPPA ARKASALI,

25. MANJU PANDAPPA ARKASALI,

26. HAMMU HARILALAPPA ARKASALI,

27. PARLINGAPPA HARILALAPPA ARKASALI,

28. SMT.LAKSMAVVA W/O MOTILAL ARKASALI,

29. BUDDIVANTAPPA MOTILAL ARKASALI,

30. SMT.RUKMAVVA W/O CHANDRAPPA ARKASALI

31. TIPPANNA RAMAPPA ARKASALI,

32. SMT.LAKSHMAVVA W/O YALLAPPA ARKASALI,

5. The substance of the pleadings as could be seen from the facts, that earlier the plainti ffs have filed a civi l suit against defendant Nos.1 to 5 and as per the order of Court dated 25.01.2014, the other defendants were impleaded as necessary parties. The Geneology of the family of the plainti ffs and defendants is as under;

6. Bhimappa is stated to be senior most ancestor, his wi fe is Rajawwa, Dakappa, Shivappa, Gulalasingh, Lakshmavva, Motilala, Krishnavva and Veerappa. Except, Lakshmavva all the children of Bhimappa reported dead. Deceased Dakappa had two sons Ramappa and Shivaji, both are dead.

7. Defendant No.3-Paravva is wife of Ramappa and defendant No.4-Ravi is son of said Ramappa and Paravva. Gulalasingh and his wife Kyashavva are also dead. Defendant No.5- Ramappa is their son. Similarly, Nemavva the wife of Veerappa, who is plaintiff No.1 and her son is Basavaraj-plaintiff No.2, Hemantadefendant No.1 and Smt.Shantavva is defendant No.2.

8. Thus, when the reckoning is made from Bhimappa and his wi fe Rajawwa, all the children consisting of five sons and two daughters, except Lakshmavva all are dead and there are no survivors. Thus, the living children i.e. the survivor is stated to be Lakshmavva is only living daughter of Bhimappa forming one branch. Dakappa who is one of the sons of Bhimappa is represented by Paravva, daughter-in-law of Dakappa. Thus, from the branch of Dakappa, defendant No.3-Paravva and Ravi-defendant No.4the son of Ramappa are representing.

9. From the branch of Gulalasingh, Ramappa-defendant No.5 is representing. Insofar, from the branch of Lakshmavva, she alone and from