C N GOPAL, Vs. C R RATHANA ALIAS C R RATHNABAI

JUDGEMENT

(1.) THIS is a defendant's appeal against the judgment and decree dated 17.08.2005 passed by the Trial Court decreeing the suit of the plaintiff granting half share in the suit schedule property.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) THE case of the plaintiff is, Ramachandra son of Kulume Chandrachari is her father and her mother is one Laxmibai @ Kesaribai. After the death of her first husband, Laxmibai married Ramachandra the father of plaintiff. The plaintiff is the only child. The father of plaintiff died on 16.04.1976 at Chikmagalur. Her mother died five years prior to the filing of the suit. Ramachandra was working as a driver. The suit schedule property was the self -acquired property of Chandrachari. He had two sons by name Ramachandra and Nagappa and a daughter by name H.Sundramma. Chandrachari, his wife Seethamma, Nagappa and Ramachandra are dead. Chandrachari along with his sons formed an undivided Hindu Joint Family. The defendant No.1 is the son and defendant Nos.2 and 3 are the daughters of Nagappa. Defendant No.4 is the daughter of Chandrachari who was given in marriage about 50 years back. Even after the death of Chandrachari, the family remained joint. The suit schedule property was not partitioned. Therefore, the plaintiff has got half share in the suit schedule property. Inspite of repeated requests and demands, partition was not effected. Therefore, a legal notice dated 25.1.1991 was issued. Neither the demand was met nor reply was sent. Therefore, the plaintiff has prayed for partition and separate possession of her half share in the suit schedule property.