ANANTHAMATHI Vs. THOCHAPPA SHETTY AND

JUDGEMENT

(1.) In the District of south Kanara, an Aliyasanthana family consisted of defendant 3, her two daughters and her grandchildren. One of her daughters was dead at the material point of time with which we are concerned. Plaintiff 1 was the elder daughter. Plaintiffs 5 to 10 are the children of plaintiff 1. Plaintiffs 2 to 4 are the children of the deceased daughter. Defendant 3 had also a son, defendant 2.

(2.) Defendant 3 admittedly was the yejamanti of this Aliyasanthana family. On 10-10-1942, under a sale dead Exhibit A4, she sold the property described in scheduled B to the plaint in the suit out of which this second appeal arises, to one Nagara Ramanath Shenoy, for a sum of Rs. 1,000/-. On 6-11-1944, under Exhibit A5, Ramanath Shenoy sold those properties in his turn to defendant 2, the son of defendant 3 for a sum of Rs. 3,000/-. He also appears to have sold along with the B schedule properties, the property described in schedule A to the plaintiff with which we are not concerned in this case. Out of the consideration of the sum of Rs. 3,000/-, Shenoy appears to have been paid by defendant 2 only a sum of Rs. 1,000/-, the remaining Rs. 2,000/- having been left with defendant 2 to be paid to Shenoy on some subsequent date.

(3.) On 3-12-1944, the right of Shenoy to recover this sum of Rs. 2,000/- from defendant 2 was transferred to one Bhavanishankar Rao. Bhavanishankar Rao in his turn, under the document Exhibit B1, executed on 8-9-1945, transferred the right to defendant 1.