K.C. LAXMANA Vs. K.C. CHANDRAPPA GOWDA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and decree in Regular Second Appeal No.372 of 2003 dtd. 3/10/2008, whereby the High Court of Karnataka at Bangalore has dismissed the appeal.

(2.) K.C. Chandrappa Gowda filed a suit against his father-­K.S. Chinne Gowda and one K.C. Laxmana for partition and separate possession of his one-­third share in the suit-­schedule property and for a declaration that the gift/settlement deed dtd. 22/3/1980 (Ex. P-­1) executed by the first defendant-­K.S. Chinne Gowda in favour of the second defendant-­K.C. Laxmana as null and void. According to the plaintiff, the schedule property belongs to the joint family consisting of himself, the first defendant and one K.C. Subraya Gowda. It was further contended that the first defendant had no right to transfer the schedule property in favour of the second defendant as he is not a coparcener or a member of their family. Consequently, it was contended that the alienation made without the plaintiff's consent is null and void and thus not binding on him.

(3.) The first defendant opposed the suit by filing his written statement. It was admitted that the suit schedule property is a joint family property. It was contended that the second defendant was brought up by the first defendant and out of love and affection he settled the suit property under Ex.P-­1 in favour of the second defendant. It was further contended that the joint family property was already partitioned between himself, the plaintiff and the other son-­Subbraya Gowda on 23/3/1990. The plaintiff, having taken his share without any demur is not entitled to maintain the suit. It was also contended that the suit was barred by limitation. The second defendant had adopted the written statement filed by the first defendant.