DEVIDAS Vs. SHRISHAILAPPA

JUDGEMENT

(1.) THE following judgment of the court was delivered by

(2.) THE genealogy which sets out the relationship between some of the principal parties in this litigation is as follows: <IMG>JUDGEMENT_1277_AIR(SC)_1961Image1.jpg</IMG>

(3.) NO serious argument was advanced before us on the plea that the amount due under the mortgage from Bashettappa was not the property of the joint family. At the material time when the mortgage deed was executed by Bashettappa, Rachappa was the manager of the joint family. In Suit NO. 84 of 1932 filed by Gurappa it was alleged that Rachappa was the manager of the joint family consisting of himself and the branches of Shivappa and Basavanappa and that the mortgage transaction was for the benefit of the joint family and that Raohappa had entered into that transaction for and on behalf of the joint family and in that suit Rachappa alone was declared liable to pay Rs. 8,000.00. Partition of the year 1930 is supported by evidence which has remained unchallenged.Intimation was given to the village and Municipal authorities pursuant to the partition for mutating the names of the different branches to whom the shares were allotted. The evidence of Rachappa and Mallappa that the partition took place also has remained uncontradicted.