Case Note & Summary
The appeals arose from a common judgment and decree passed in O.S.No.2640/1988 and O.S.No.5075/2000 by the I Additional City Civil & Sessions Judge, Bangalore, partly decreeing the suits for partition and separate possession. The plaintiffs in the original suits were Smt. Thanamma and her daughters, who claimed shares in ancestral joint family properties. The propositor was Arasikuttappa, who had two sons, Chinnanna and Muniyellappa. Muniyellappa had two wives, Smt. Pillamma (defendant no.1) and Smt. Thanamma (plaintiff no.1). Pillamma had two sons, Govindappa and Muniyellappa, and two daughters, Venkatamma and Jayamma. Thanamma had five daughters. After Muniyellappa's death in 1945, Govindappa managed the joint family properties. The plaintiffs alleged that all schedule properties were ancestral, including lands in Cholanayakanahalli, Guddadahalli, and Hebbal, and that they were deprived of their legitimate shares. They claimed shares under the Hindu Succession Act, 1956. The defendants denied the existence of a joint family, asserting an oral partition in 1941 and that the plaintiff no.1 had left the family in 1963 after taking her share. They contended that the lands granted to Govindappa by the Land Reforms Tribunal were not joint family property. The trial court partly decreed the suit, and the appeals were filed by the legal heirs of Govindappa challenging that decree.
Issue of Consideration
KAHC010853342010_1
