DODDA THIMME GOWDA Vs. EREGOWDA

JUDGEMENT

(1.) This is a second appeal by defendant No. 1 against the decree passed by the Civil Judge, Mandya, in R.A. No. 2 of 1964. The 1st respondent is the plaintiff and respondents 2 to 12 have been impleaded as additional defendants subsequent to the filing of the suit.

(2.) Respondent No. 1 filed O.S. No. 553/1961 in the court of the Munsiff, Mandya, for declaration of title and possession of the suit schedule property bearing S. No. 245/7 situated in Volagarhalli, Kasaba Hobli, Maddur Taluk, and in the alternative for partition and possession of 19/20th share in the said suit schedule property.

(3.) Respondent No. 1 claims title to the suit schedule property on the basis of a sale deed executed by defendants 2 to 12 in his favour on 15th July 1960 as per the registered sale deed produced in the case as Ex, P-1. Defendants 2 to 12 and one Dasappa constitute a joint Hindu family. The suit schedule property was admittedly a joint family property belonging to the joint family consisting of defendants 2 to 12 and Dasappa.