(1.) HEARD learned counsel for the parties.
(2.) THE suit for partition, possession and mesne profits filed by hanumanthappa Fakkirappa Bhairappanavar, who is now represented by his L. Rs. was dismissed by the Trial Court by recording a finding that the plaintiff has failed to prove that his family and defendants are still a joint family; that plot Nos. 1, 2 and 3 were purchased from joint family funds and that V. P. C. No. 276 house was constructed on it out of joint family funds. The Trial Court further held that a partition had taken place in the family in 1950 which was reduced in writing in the year 1960 and that the disputed properties are self acquired properties of defendant no. 1. On appeal, the High Court reversed the findings recorded by the Trial Court and decreed the suit.
(3.) ACCORDINGLY, the appeal is allowed, impugned order is set aside and the matter is remitted to the High Court for fresh disposal of the appeal in accordance with law. No costs.