The plaintiff and defendants 2 & 3 have filed this

regular second appeal challenging the judgment and

decree dated 17.12.2011 passed by the IV Addl. District

Judge,

Mysuru,

in

R.A.No.377/2011

reversing

the

judgment and decree dated 16.06.2011 passed by the Civil

Judge (Sr.Dn.), Nanjangud, in O.S.No.17/2009.

For the sake of convenience, the parties are referred

to by the rank assigned to them in the court at first

instance.

Brief facts of the case that would be relevant for the

purpose of disposal of this appeal are, the plaintiff had

filed O.S.No.17/2009 before the Trial Court seeking

partition and separate possession of the suit schedule

4

properties and she claimed 1/4^th share in the suit

schedule properties. It is the case of the plaintiff that

plaintiff

and

defendants

are

the

children

of

one

Madegowda and their mother was Madamma. Madegowda

and Madamma had another son by name Moogegowda

who had expired unmarried prior to the filing of the suit.

The suit schedule properties are their ancestral joint

family properties and after the death of Madegowda and

his wife Madamma, the khatha in respect of the suit

schedule properties were got transferred in the name of

defendant

no.1.

However,

the

plaintiff

and

other

defendants continued to be in joint possession of the suit

schedule properties along with defendant no.1. No

partition was effected in the family after the death of

Madegowda, and therefore, the plaintiff had requested the

defendants to effect partition on 12.12.2008 and since the

defendants kept on postponing the same, the plaintiff was

constrained to file O.S.No.17/2009 seeking 1/4^th share in

the ancestral joint family properties left behind by their

father.

5

4.

Defendants 2 & 3 who are the sisters of the plaintiff

had filed written statement admitting the case of the

plaintiff and they had claimed their share in the suit

schedule properties and they also admitted that the suit

schedule properties were the joint family properties.

5.

Defendant no.1 who is the brother of the plaintiff and

defendants 2 & 3 had filed written statement contending

that the plaintiff and the other defendants are not entitled

for a share in the suit schedule properties. It is his case

that the plaintiff and defendants 2 & 3 were married

daughters of late Madegowda and they are residing

separately with their respective husband. It was further

contended by defendant no.1 that at the time of marriage

of the plaintiff and defendants 2 & 3, huge amount was

spent for the purpose of marriage and also for giving gold

and other articles to them at the time of marriage. He had

further contended that he had improved the suit schedule

properties by investing huge amount and the suit schedule

properties have been partitioned between himself and his

6

children, and therefore, there is no scope for further

partition.

6.

On the basis of the rival pleadings, the Trial Court

had framed the following issues:

Issues

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3.

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4.

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7

5.

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7.

During the course of trial, the plaintiff in support of

her case, got examined her son who was also her general

power of attorney holder as PW-1 and two other witnesses

were examined as PWs-2 & 3. In support of the plaintiff's

case, 12 documents were produced and marked as Exs.P-1

to P-12. On behalf of the defendants, five witnesses were

examined as DWs-1 to 5 and 11 documents were produced

and marked as Exs.D-1 to D-11. After completion of

recording the evidence, the Trial Court heard the

arguments of the contesting parties and b