RFA No. 212 of 2008. Case: Vokkalingara Sharada Vs Vokkaligara Puttamma Major. High Court of Karnataka (India)
| Case Number | RFA No. 212 of 2008 |
| Counsel | For Appellant: K. Srinivasa Gowda, Adv. and For Respondents: G. Balakrishna Shastry, Adv. |
| Judges | K. L. Manjunath and A. V. Chandrashekara, JJ. |
| Issue | Code of Civil Procedure, 1908 (CPC) - Section 96; Indian Evidence Act, 1872 - Section 68; Indian Succession Act, 1925 - Section 63; Karnataka Court-fees and Suits Valuation Act, 1958 - Sections 35(1), 35(2); Registration Act, 1908 - Section 17 |
| Judgement Date | September 12, 2014 |
| Court | High Court of Karnataka (India) |
Judgment:
A. V. Chandrashekara, J.
-
This is an appeal filed by the plaintiff of an original suit bearing O.S. No. 91/1998 which was pending on the file of the Civil Judge (Sr. Dn.), Virajpet. Suit filed for the relief of partition and separate possession by the plaintiff has been dismissed vide considered judgment dated 14.11.2007. It is this judgment which is called in question on various grounds as set out in the appeal memo.
-
Respondents herein are the defendant Nos. 1 to 14 as per their ranking given in the Trial Court. During the pendency of this appeal, first defendant who is the mother of the plaintiff died and since plaintiff and remaining defendants are her legal heirs, they have been treated as her legal representatives. Parties will be referred to as the plaintiff and defendants as per their ranking given in the Trial Court.
-
Facts leading to the filing of the suit are as follows:
One person by name Vokkaligara Boraiah died in the year 1987 leaving behind him, his wife Puttamma, daughters Saraswathy, Devaki, Boji, Sharada-the plaintiff and sons by name Kalappa, Ramaiah, Raju, Ravi and Ganesh. These properties were held by him during his lifetime. The parties are Hindu governed by Mithakshara Law.
Among the sons of Boraiah, Raju died a few years ago leaving behind his wife Padmakshi and two sons by name Praveen Kumar and Naveen Kumar, who are arrayed as defendants 7 to 9. Another son Ganesh died leaving behind him his wife Vimala, daughters Kavitha and Savitha, who are arrayed as defendants 11 to 13.
According to the plaintiff, the suit schedule 'A' properties as described in the plaint were held by Boraiah at the time of his death. Schedule 'B' properties have been acquired by Boraih in the names of Padmakshi, his daughter-in-law being the wife of Raju and Ajithkumar, S/o Kalappa and Ravi under a sale deed dated 11.10.1984. Vide another sale deed dated 01.10.1984 he is stated to have purchased the property in the name of his sons V.B. Ramaiah and V.B. Ganesh. According to the plaintiff, 'B' schedule properties included the properties acquired by Boraiah under sale deed dated 07.09.1982 in the name of his sons Ravi and Ganesh and Padmakshi, wife of his son Raju. It includes the properties purchased by Boraiah vide sale deed dated 28.06.1963 in the name of his wife Puttamma and the properties purchased in the names of Ramaiah, Kalappa, Ramaiah, Raju, Ravi and Ganesh, vide sale deed dated 01.04.1971. It is specifically averred that sons of Boraiah did not have any independent income of their own other than the income of the family properties held and managed by Boraiah.
-
According to the plaintiff, neither schedule 'A' properties nor schedule 'B' properties have been partitioned at any time either during the lifetime of Boraiah or subsequent to his death. Saraswathy's marriage was solemnized in the year 1960. Devamma's marriage was solemnized in the year 1965, Boji's marriage was solemnized in the year 1968 and the plaintiffs marriage was performed in the year 1971. As such, she is entitled to 1/10th share in schedule 'A' and 'B' properties, is the averment. She is deemed to be in joint and constructive possession of the suit schedule properties. Inspite of getting a legal notice issued to the defendants, they did not come forward to give her legitimate share and hence, she was forced to file a suit for partition and separate possession.
-
Defendants 1, 6, 7 and 13 have filed their...
To continue reading
Request your trial