VIJAYALAKSHMI Vs. B HIMANTHARAJA CHETTY

JUDGEMENT

(1.) THIS appeal by special leave is directed against the judgment and decree dated 1-9-1978, rendered by a Division Bench of the High Court of Karnataka in Regular First Appeal No. 91 of 1973, affirming that of the trial Court.

(2.) SHRI Batchu Muniyappa Chetty, statedly the foster father of Smt. Vijaya Lakshmi, the appellant herein, and SHRI B. Hiamntharaja Chetty, the contesting respondent herein, were brothers, being the sons of SHRI Batchu Ramaiah Chetty. The father and sons effected a partition of their joint family properties, under registered Partition Deed dated 23/06/1928 (Ex. P.3), as detailed in Schedule A attached thereto. Thereunder the father was given properties described fully in Schedule B to the indenture valued at Rs. 20,000.00. The foster father of the appellant got properties described fully in Schedule C to the indenture and valued Rs. 12,500.00. The contesting respondent got the properties described fully in Schedule D to the indenture also valued at Rs. 12,500.00. Clause 12 thereof provided a stipulation of pre-emption, which being the bone of contention, reads as follows :

(3.) HAVING regard to the multiplicity of pleas raised by both sides, the trial Court framed as many as 11 issues but the relevant ones for the present purpose are the following two issues :