These appeals are filed by the defendants and

the plaintiff No.1 respectively aggrieved by the

judgment and Order dated 04.10.2005 passed in

R.A.No.31/2003 on the file of Civil Judge (Sr.Dn.),

Challakere, (hereinafter referred to as the 8first

appellate Court9) in and by which, the first appellate

Court setting aside the judgment and decree dated

14.02.2003 passed in O.S.No.5/1998 on the file of

Civil Judge (Jr.Dn.) and JMFC, Challakere (hereinafter

5

referred to as the 8trial Court9) decreed the suit of the

plaintiffs.

2.

The plaintiffs had filed the above suit for

decree of partition and separate possession of the suit

schedule property contenting inter-alia that one Late

Obanna had three sons namely, Sri.Chinnappa, (the

husband of plaintiff No.1), Sri.Govindappa, (husband

of plaintiff No.2) and Sri.Obanna, (the defendant

No.2). That the defendant No.1 is the wife of late

Sri.Obanna and the mother-in-law of plaintiff Nos.1

and 2. That the suit schedule property is the joint

family ancestral property and the plaintiffs being

members of Hindu Joint Family are entitled for 1/3^rd

share in the suit schedule property. That the

defendant Nos. 1 and 2 in collusion had effected the

partition on 20.01.1997 without giving any share to

the plaintiffs. Hence the suit.

6

3.

The defendants in the written statement

denying the relationship of the plaintiffs contended

that they are the absolute owners of the suit schedule

property and in possession of the same by virtue of

partition deed dated 20.01.1997. That the defendant

No.1 purchased the suit schedule property from

Sri.Obanna s/o Ramanna under deed of sale dated

16.09.1955 and that ever since the date of purchase

the property has been standing in the name of

defendant No.1, she having absolute right, possession

and interest over the same, as her self acquired

property.

That

the

said

Sri.Chinnappa

and

Sri.Govindappa died without marriage. As such, the

plaintiff Nos. 1 and 2 are not having any share, right

and interest in the suit schedule property. Hence,

sought for dismissal of the suit.

4.

The trial Court by its judgment and decree

dated 14.02.2003 dismissed the suit holding that the

7

plaintiffs had failed to prove that the suit schedule

property is the joint family property and that they are

the members of the joint family. Aggrieved by the

same, the plaintiffs filed regular appeal before the

First appellate Court in R.A.No.31/2003. The plaintiffs

before the first appellate Court had produced an

agreement of the year 1949 claiming to have been

executed by Sri.Obaiah s/o Ramanna in favour of

Lingappa s/o Gudiyappa. The first appellate Court

accepted the said document to be read along with the

sale deed of the year 1955 and consequently allowed

the appeal decreeing the suit allotting 6/25^th share to

the plaintiff No.1 and 2 in the suit schedule property.

Being aggrieved by the same, defendants are before

this Court in R.S.A.No.159/2006. The plaintiff No.1

being partly aggrieved by the decree to the extent

allotting 6/25^th share instead of 1/3^rd as claimed by

her, is before this Court in R.S.A.No.289/2007.

8

5.

This Court by order dated 06.08.2008 while

admitting the appeal in RSA No.159/2006 had framed

the following substantial question of law.

<Whether the Lower Appellate Court was

right

in

placing

the

reliance

on

the

agreement of 1949 which was produced for

the first time before the Lower Appellate

Court without giving an opportunity to the

defendants to counter the same particularly

when the execution of the said document is

denied.=

6.

Thereafter, by order dated 30.05.2019

additional substantial questions of law were framed in

these appeals which are as under;

<i)

Whether

non-consideration

of

the

document filed under I.A.1 under Order 41

Rule

27

has

materially

affected

the

Judgment.

ii) Whether the suit schedule property

belonged

to

the

joint

family

of

the

descendants of Lingappa, as whatever was

promised to be sold to Lingappa was sold

under

the

registered

sale

deed

date