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iii) Whether under the facts and circumstances of the case, the plaintiff is entitled to the decree of suit for partition and if so, to what relief?"

RFA NO. 1385 OF 2015 ANALYSIS:

11. The maternal grandfather of the plaintiff by name, Jyothoji Rao executed a registered gift deed in favour of Late M.Mannoji Rao, the husband of defendant No.1 in respect of suit schedule 'A' property. The plaintiff has not challenged the said gift deed. The khatha in respect of suit schedule 'A' property acquired under gift deed was transferred in the name of Late M.Mannoji Rao during the lifetime of Jyothoji Rao. The said Jyothoji Rao died in the year 1979. The plaintiff did not raise objection to change of Katha in the name of Late M.Mannoji Rao. The said M.Mannoji Rao died in the month of March, 2002. After the death of M.Mannoji Rao, the khatha in respect of suit schedule 'A' property was changed in the name of defendant No.1 by BBMP. During the life time of M.Mannoji Rao, he had been paying the property tax till his death and after death of said M.Mannoji Rao, defendant No.1 is paying property tax as khatha holder of suit schedule 'A' property.