JUDGMENT

K.S.HEMALEKHA J. - The concurrent findings of the Courts below has been challenged by the defendant assailing the judgment and decree dtd. 31/7/2014 in RA No.75/2013 on the file of II Additional District and Sessions and Spl. Judge, Dharwad, confirming the judgment and decree dtd. 24/4/2013 in OS No.262/2011 on the file of the III Additional Civil Judge (SR.DN) and CJM, Dharwad.

2. The parties herein are referred to as per the ranking before the trial Court.

3. The plaintiff and the defendant are brother and sister. Suit filed for partition and separate possession seeking 1/2 share in the suit schedule properties contending that the suit schedule properties is the ancestral joint family property of the family of the plaintiff and defendant and during the life time of the deceased father Ningappa both plaintiff and defendant were in joint possession and enjoyment of the suit schedule properties.

4. The defendant appeared and filed his written statement disputing the very relationship of the plaintiff and defendant and denied that the plaintiff is entitled for share in the suit schedule properties.

5. The trial Court on the basis of the pleadings, material and evidence on rec