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1976 Supreme(Online)(Kar) 6

KARNATAKA HIGH COURT
C. Honniah, *M. Sadananda Swamy, JJ.
Malakappa v. Mallappa


1. Respondent 1 plaintiff filed the suit in the trial Court for partition and Possession of his half share in the suit properties. Defendants 2 to 4 were impleaded as alienees of some of the joint family properties. Defendants 1 to 3 are the appellants. Second respondent is defendant 4.

2. One Siddappa who died on 21-6-1898 had two sons. Basappa and Kulappa. Basappa died on 2-8-1930 and Kulappa died on 23-9-1909. Defendant 1 is the only son in of Basappa and he was born in 1916. The plaintiff is the only son of Kulappa and he was born in 1910. Defendant 1 has an only daughter who is married. Defendant 1 had also got two sisters. Chandrawwa and Dundawwa, the former died about 3 months prior to the suit and the latter about 3 years prior to the suit. Dundawwa adopted the plaintiff. The plaintiff alleges that his adoption was in Dwyamushyayana form and claims right in the properties of the natural family also and that he is entitled to partition and possession of half share in the suit properties. Defendant 1 pleaded that the plaintiff was not adopted in Dwyamushyayana form. there was a prior partition in the family in 1880 or 1890 and that the suit properties belong to him exclusivel













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