Daughters are coparceners by birth with the same rights as sons in ancestral joint family property, ensuring equal distribution of shares among all surviving children regardless of gender.

REGULAR SECOND APPEAL NO. 799 OF 2013 (PAR )

THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD. 29.01.2013 PASSED IN R.A.NO.45/2012 & R.A.NO.46/2012 ON THE FILE OF ADDITIONAL DISTRICT JUDGE (FAST TRACK COURT, CHITRADURGA, ALLOWING R.A.45/2012 AND DISMISSING R.A.46/2012 FILED AGAINST THE JUDGEMENT AND DECREE DTD. 24.05.2012 PASSED IN OS.NO.7/2011 ON THE FILE OF SENIOR CIVIL JUDGE, CHALLAKERE. TRAIL COURT DECREED THE SUIT. APPELLATE COURT ALLOWED R.A.45/2012 AND DISMISSED R.A.46/2012. SUIT FOR DECLARATION, PARTITION AND SEPARATE POSSESSION.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL JUDGMENT

1. This Regular Second Appeal is preferred by the plaintiffs assailing the judgment and decree dated 29.01.2013 in R.A.No.45/2012 and R.A.No.46/2012 on the file of the Additional District Judge (Fast Track Court), Chitradurga (hereinafter termed as 'First Appellate Court'), modifying the judgment and decree dated 24.05.2012 in O.S.No.7/2011 on the file of the Senior Civil Judge, Challakere (hereinafter termed as 'Trial Court'), decreeing the suit of the plaintiffs and the counter claim filed by the defendants.

2. For the sake of convenience, parties are referred to as per their ranking before the Trial Court.

3. The relevant facts for adjudication of this appeal are that, the plaintiffs and defendant No.1 are the children of Kokkala Mudalagiriyappa and defendant No.2-wife. It is stated in the plaint that one of the brothers of the plaintiffs– Gurumurthy, and his wife died without leaving behind any children. Therefore, the plaintiffs have sought partition of the suit schedule properties, stating that the scheduled properties are the joint family properties of their father-Kokkala Mudalagiriyappa. Accordingly, they sought for partition in suit schedule property by filing the suit in O.S.No.7/2011 before the Trial Court.

4. After service of notice, defendants entered appearance and filed detailed written statement denying the averments made in the suit.

5. It is the case of the defendant No.1 that 'B' schedule property is not the joint family property of the plaintiffs and also stated that the suit 'A' schedule property is the ancestral property of the father of the plaintiffs and defendant No.1. It is further stated that, after the death of the father-Kokkala Mudalagiriyappa, the defendants and another son-Gurumurthy were in possession of the 'A' schedule property and as such, the said Gurumurthy had filed a suit for partition in O.S.No.117/2006 against the defendants, in collusion with defendant No.2, wherein defendant No.2 has sought for 1/3 rd share in the suit 'A' schedule property. It is also stated that, in the said suit, the competent Court decreed the suit, holding that defendant No.1 is entitled for 1/3 rd share in the suit schedule property. In view of the same, defendant No.1, being only surviving son of defendant No.2 and therefore, it is contended by defendant No.1 that he is entitled for 1/2 share in the suit schedule properties. Accordingly, he sought for dismissal of the suit.

6. Further, the defendant No.2 has filed separate written statement, admitting the fact that the suit properties are the ancestral and joint family properties of the plaintiffs and defendants. It is stated that the 'B' schedule property was acquired by Gurumurthy and he had invested for construction of house. Therefore, it is contended by defendant No.2 that the 'B' schedule property is the self acquired property of her son- Gurumurthy, who died without leaving behind any children. Accordingly, sought for dismissal of the suit.

7. Based on pleadings on record, the Trial Court has formulated the issues and additional issues for its consideration. In order to establish their case, the plaintiff No.2 herself was examined as P.W.1 and got marked twenty two (22) documents as Ex.P.1 to Ex.P.22. D