- (1.) THE unsuccessful plaintiff in OS No 2001 of 2006 before the IV Additional Senior Civil Judge, Mysore, has come up in this appeal, challenging the legality and correctness of the judgment and decree dated 22 -7 -2010, wherein, the trial court has dismissed the suit filed by the plaintiff for partition and separate possession of his half share in the suit schedule properties.
(2.) FOR the sake of convenience, the parties would be referred to as per their ranking in the trial court.
(3.) ACCORDING to plaint averments, the plaintiff and one Doddabeeregowda are the sons of Beeregowda. His father died about 25 years prior to the filing of the suit. His elder brother Doddabeeregowda also died on 23 -9 -1997. The first defendant is the sister -in -law of the plaintiff and defendants 2 and 3 are the children born to his elder brother Doddabeeregowda. According to plaint averments, late Doddabeeregowda and the plaintiff were the members of Hindu undivided joint family and their father was the kartha. After the death of their father, Doddabeeregowda was managing the family properties as kartha. Contending that plaint 'A' to 'C' schedule properties are the ancestral properties of the plaintiff and late Doddabeeregowda and plaint 'D' property is a land granted in favour of Doddabeeregowda as kartha of the joint family, the suit came to be filed for partition and separate possession of his half share in all suit schedule properties. Defendants contested the suit. According to them, the plaintiff and late Doddabeeregowda were not members of the joint family. The averments made in para -3 of the plaint in regard to status of the family were denied. According to them, plaint 'D' schedule property was granted to Doddabeeregoweda by the land tribunal, since he was a tenant of the property and therefore plaint 'D' schedule property was a self -acquired property of late Doddabeeregowda. According to them, the suit is filed by suppressing material facts by the plaintiff. There was an oral partition between the plaintiff and late Doddabeeregowda in the presence of panchayatdars and plaint schedule 'A' to 'C' properties were divided between the plaintiff and late Doddabeeregowda and parties are residing separately. Therefore, the suit filed by the plaintiff is not maintainable and liable to be dismissed.;