- (1.) Leave granted.
(2.) This appeal is preferred against the judgment dated 20.03.2008 passed by the High Court of Karnataka in R.F.A. No.805 of 1998 dismissing the appeal preferred by the appellant-defendant and thereby confirming the judgment and decree for partition passed by the trial court.
(3.) Briefly stated the case of respondents-plaintiffs is as follows:-The appellant-defendant and the respondents-plaintiffs are the sons of one late Narayana. The suit scheduled property comprises of item No.1 bearing S.No.69/69 measuring 1.00 acre; item No.2 bearing S.No.69/70 measuring 0.25 acre and item No.3 bearing S.No.69/5C2 measuring 1.00 acre. Items No. 1 and 2 are the joint family property of late Narayana. Narayana died in the year 1962. Plaintiffs No.3 and 4 were working in the army and were sending money to the joint family and the joint family affairs were run by the appellant-defendant. Respondents No. 3 and 4 retired from the army in the years 1988 and 1989 respectively. House in item No.2 was constructed in the year 1980 from out of the joint family income and the contribution made by respondents No.3 and 4. Late Narayana was in possession of suit property item No.3 and had converted the same from forest land to a wetland and the same was further developed from out of the joint family income and the contribution made by respondents No.3 and 4. Respondents-plaintiffs averred that taking advantage of absence of the plaintiffs, appellant filed an application to the Tehsildar for grant of patta for item No.3-S.No.69/5C2 which was opposed by the respondents. Alleging that the appellant is attempting to grab the suit properties, respondents-plaintiffs filed the suit for partition claiming 1/5th share to each of them.;