Plaintiff has filed this suit against the
defendants seeking the relief of partition and
separate possession of his share in the suit schedule
properties. He has also sought the relief of
declaration that, unregistered will deed dated
05.09.1998 executed by his deceased father in
favour of defendant No. 1 is not binding on him.
2. It is averred in the plaint that, the plaintiff
and defendants are the sons of late A. Ramaiah and
late H.L.Gangamma. Smt. B.R.Ramamani is daughter
of late A. Ramaiah and late H.L.Gangamma. Plaintiff
and defendants are brothers and they are
coparceners of undivided family of late A.Ramaiah.
Plaintiff is joint owner of suit schedule A and B
properties shown in the plaint schedule. Suit
schedule A property is purchased by their father and
B schedule property was received by virtue of
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Panchayat Palupatti and since from the date of
purchase and Panchayat Palupatti, the plaintiff and
defendant’s father was in joint possession of the said
properties along with plaintiff and defendants. The
plaintiff and defendants are having equal right, title
and interest of late A.Ramaiah who died on
22.09.1998 leaving behind the plaintiff and
defendants to succeed to his estate and suit
properties. There has been misunderstanding
between plaintiff and defendants in day to day life
and on several occasions, plaintiff requested the
defendants to effect partition in the suit schedule
properties and to give his 1/3rd share in the suit
properties which was not responded by the
defendants and they used illegal methods by
colluding with revenue authorities and got mutated
their names in the revenue records in respect of the
suit schedule properties. The father of the plaintiff
purchased property measuring 21 x 60 for ₹ 4,000
from Lakshman Raju under sale deed dated
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11.06.1968 vide reg. No..531/1968-69 in Book No.1,
Volume No. 2125, Page No. 206 which is bounded by
East: Nanjundaswamy property, west: house of
Dasharath, North: Road and South: late Ramasing
and others’ houses. The said sale deed has been
registered in the office of Sub-Registrar Gandhinagar,
Bangalore on 11.06.1968. The land bearing Survey
No.2 measuring 3 acre 07 gunta is acquired by him
under the Panchayat Palupatti dated 15.04.1954.
But defendant no. 1 and 2 colluded with each other
and created an unregistered will deed dated
05.09.1998 in the name of their father with an
intention to deprive the share of the plaintiff in the
suit properties and forged the signatures of his
father. The said will deed is created, concocted and
forged document and not binding on the plaintiff.
Plaintiff decided to separate himself from the joint
family by taking his share in the suit properties for
which he is constrained to file the suit against the
defendants seeking the relief of partition and
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separate possession of his share in the suit
properties.