JAYASHREE Vs. GANAPATHSA TUKARAMSA HANAMSAGAR

JUDGEMENT

(1.) This appeal is filed by the plaintiffs against the judgment and decree dtd. 17/8/2015 passed in O.S.No.275/2012 by the III Additional Senior Civil Judge, Hubballi ("the Trial Court" for short), whereby the Trial Court has decreed the suit of the plaintiff in part by granting half share to plaintiff No.3 alone in CTS Nos.610/10 and 610/1A and rejected the claim of the plaintiffs in agricultural land.

(2.) For the sake of convenience, parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The plaintiffs have filed a suit for partition and separate possession in respect of the suit schedule properties which are described in the schedule. Defendant No.1-Ganapathsa is the father of the plaintiffs and according to the plaintiffs, suit schedule properties are fallen to the share of Ganapathsa in the family partition. It is also asserted that defendant No.1 without there being any legal necessity, sold the agricultural land in favour of defendant Nos.2 and 3 and the sale is not for any legal necessity. Hence, the plaintiffs assert that they being the daughters and son of defendant No.1 are entitled for equal share in the suit schedule properties. Hence, the suit is filed.