K MUNISWAMY Vs. K VENKATASWAMY

JUDGEMENT

(1.) THIS appeal is filed against the judgment and decree of the 5th Addl. City Civil Judge, Bangalore City in O. S. No. 1972/89. The plaintiff/appellant, had filed suit against the defendant/respondent seeking partition of half share in the suit property, which consists of one acre of dry land in Choodenapura, Kengeri Hobli, Bangalore South Taluk.

(2.) THE deceased appellant and the respondent are the brothers, who along with their father in the year 1969 partitioned the properties under registered partition deed, whereunder the suit schedule property was allotted to the share of the father and mother which a stipulation that they should enjoy the properties during their life time in the manner they like and after their death, the property shall devolve in equal shares to the appellant and the respondent. During the year 1977, the parents sold the property under registered sale deed in favour of the respondent. After the demise of both the parents, the suit is filed by the appellant seeking partition of half share in the property contending that the appellants had no absolute right of alienation. The respondent contested the suit claimed exclusive title in the property and also set up the plea of limitation that the suit is barred by time.

(3.) THE material portion in the Kannada version of partition deed Ex. D. 1 relating to the suit schedule is extracted hereunder for convenient reference : (Vernacular matter omitted. . . . Ed.)