Occupancy rights granted to a single member of a joint family under land reform legislation benefit the entire joint family, and an unregistered partition document lacking proof of execution or witness testimony is insufficient to establish a prior severance of joint family status.

ORAL JUDGMENT

Heard Sri B.S. Nagaraj, learned counsel for the appellants in RFA No.1921/2005 and for respondent No.10 in RFA No.1118/2006 and Sri Vijay Kumar, learned counsel for respondent Nos.2 to 5 in RFA No.1921/2005 and respondent Nos.1, 3 to 6 in RFA No.1118/2006.

2. RFA No.1921/2005 is filed by defendant Nos.2 to 4 and RFA No.1118/2006 is filed by defendant No.5, challenging the judgment and decree passed in O.S.No.139/1997, on the file of Principal Civil Judge (Sr.Dn) and JMFC., Srirangapatna.

3. Parties are referred to as plaintiffs and defendants for the sake of convenience as per their original ranking before the trial Court.

4. Facts in the nutshell which are utmost necessary for disposal of the present appeal are as under.

A suit for partition and separate possession came to be filed in O.S.No.139/1997 in respect of the following properties (hereinafter referred to as suit properties):

SCHEDULE

Properties situated at Honaganahalli Village, Pandavapura Taluk:-

1. Land bearing Sy.No.13, extent 0-34 acres bounded on the East Land of Marigowda, West-Land of Laxmegowda, North-Land of Papegowda, South-Land of Ningegowda:

Following lands and House Situated at Chinakurali Village, Pandavapura Taluk:-

2. Sy.No.87, measuring 1 hectare 4 acres, bounded on the East-Land of Post Venkategowda, West-land of Mahadevu and others, North-Land of Post Madegowda, South-Tank (Kere);

3. Sy.No.88/3, extent 0-32 acres, bounded on the East Land of post Venkategowda, west-sy.No.87 of suit shchedule property, North-Land of Post Venkategowda, South Tank(kere);

4. Sy.No.129, extent 0-10 acres, bounded on the East - Road, West-Road, North-Land of Halina Singegowda, South-Land of C.S.Puttaraju;

5. Sy.No.134, extent 0-53 acres bounded on the East Road, West-Land of Puttaswamy, North-Land of Sannabydegowda, South-land of Tayanma;

6. House situated at Chinakurali village, bounded on the East-Road, West-House of Basavaiah, North - House of Venkategowda, South- House of Halina Kempegowda;

7. Sy.No.137/1, extent 0-90 acres, bounded on the East Tank Road, (Kere raste), West-land of Pakrana Channe gowda, North-Land of Pakrana Channegowda, South Tank.

8. Sy.No.139/3, extent 0-35 acres, bounded on the East Land of Pakrana Channegowda, West-Road, North-Land of Ankegowda, South-Land of Kalaiah;

9. Sy.No.144/2, extent 0-53 acres, bounded on the East Land of Ramegowda, West-Land of Papegowda, North Road, South-Land of Kalegowda.”

5. Plaintiff contended that plaintiffs and defendant Nos.1 to 4 are the joint family members, Sri Venkategowda was common prepositus of the family. Said Venkategowda had two sons namely, Huchegowda and Marigowda. Wife of Venkategowda, Smt. Kalamma pre-deceased Venkategowda and his sons Huchegowda and Marigowda are also no more.

6. Huchegowda had a son by name Girigowda, who is defendant No.1 through his first wife Ankamma. Huchegowda had a second wife by name Mariyamma and in the said wedlock, he had a son and two daughters who are none other than defendant Nos.2 to 4 in the suit. Second son of Venkategowda namely, Marigowda died leaving behind his wife Manchamma and two sons who are plaintiff Nos.1 to 3. Defendant No.5 is the husband of defendant No.4.

7. Plaintiff further contended that suit properties are an