Karnataka Gulbarga Court December 2011 Judgments

Saheb Reddy Vs. Sharanappa and Others

Court: Karnataka Gulbarga

Ananda, J 1. This regular second appeal by first defendant was admitted for consideration of following substantial question of law:- “Whether the lower Appellate Court was justified in increasing the share of the plaintiff in addition to his legitimate share of 1/16?” 2. I have heard Sri S.S. Kumman, Learned Counsel for appellant/first defendant and Sri Deepak V. Barad, Learned Counsel for first respondent/plaintiff. 3. The admitted facts and findings recorded by the Courts below which are necessary to answer substantial question of law as aforestated are as follows:- The proposition of family was one Sharanappa Gaded, S/o Bheemanna Gaded. The suit schedule properties are self-acquired properties of Sharanappa Gaded who died in the year 1957 leaving behind his wife Sharanamma and three daughters namely Kyadigamma Nagamma and Sarojamma. After the death of her husband, Sharanamma adopted the first dependant under registered Adoption deed dated 9.2.1971. The daughters of Shara...