BAPURAM VEDAVYASA RAO Vs. BAPURAM NARAYAN RAO AND

JUDGEMENT

(1.) The first defendant in Original Suit Number 89/1954 in the Court of the Subordinate Judge, Bellary, is the appellant in this Court. The plaintiff and the second defendant are the sons of the first defendant. The plaintiff is said to be a person of unsound mind and hence, the suit was instituted by his wife as his next friend.

(2.) In the Court below, the suit was resisted mainly on two grounds: They are :

(3.) We may first take up the Memorandum of Cross-Objections as we think that there is no substance in it. The plaintiff has not impleaded the alienee as a party to the suit. Hence, the validity of the alienation of item No. 8 cannot be gone into.