S SAJJANSA Vs. S N DHONDUSA

JUDGEMENT

(1.) The appellant was the 2nd defendant in O.S. No.30/56 on the file of the District Court, Bangalore, filed by respondents 1 to 4 as the plaintiffs. The appellant 2nd defendant is the eldest son of Chikka Munisamisa who was the 1st defendant in the suit. The four plaintiffs, the appellant and the 3rd defendant (5th respondent in the appeal) are the six sons of the said Chikka Munisamisa. Chikkamunisamisa died after filing his written statement but before trial. His wife and 2 daughters were later impleaded as supplemental defendants 4, 5 and 6. They are respondents 6, 7 and 8 in the appeal.

(2.) The father Chikka Munisamisa appears to have been divided from his brothers many years ago. He carried on business along with his sons and amassed considerable wealth. Besides large amount of eash, he also acquired several immovable properties in Bangalore.

(3.) The property which is the subject matter of this suit called the timber yard in the evidence is a vacant land 285' x 150' situated in Aralepet or Cottonpet, one of the busiest commercial localities in the City of Bangalore. It was purchased under two sale deeds, originals of Exs.D-2 and D-3 produced in the case. The first of them is dated 2-11-1946 and the consideration for the purchase was Es.36,000. The second is dated 13-3-1947 and the consideration was Rs.83,000. Both these purchases were made in the names of the six sons. Ex.D-2 describes them as Sajjansa & Brothers (Sajjansa is the 2nd defendant-appellant the eldest son of Chikka Munisamisa). In the second, the names of all the six sons are mentioned. There is, however, no dispute that the property though purchased in the names of all the six sons, was treated as joint family property of the father and the sons. On the land no substantial structure has yet been put up. There are some temporary structures and sheds occupied by various persons. The rents collected from the various occupants come to about Rs. 450 per month.