GENGAIAH Vs. HOSALAIAH

JUDGEMENT

(1.) These two appeals are directed against the common Judgment and Decree of the lower appellate Court i.e., the Court of the Civil Judge, Tumkur. Regular Appeal No. 73/1985 was filed by the plaintiff confined to the finding of the trial Court holding that item Nos. 2, 4, 5 and 6 were not joint family properties. That has been reversed by the lower appellate Court in the common Judgment passed. The appellants in this Court in both the appeals are the defendants 1 and

(2.) The respondents in these appeals arethe plaintiffs in O.S. No. 176/1981 on the file of the Principal Munsiff at Tumkur. In the course of this Judgment, the parties will be referred to by the ranks assigned to them in the trial Court.

(3.) The trial Court as well as thelower appellate Court have gone on the presumption that the properties owned by the undivided joint Hindu family to be joint family properties unless persons contending otherwise demonstrated that it was their self-acquired properties by independent evidence. Admittedly, some of the properties were ancestral and therefore acquisition of properties subsequently by defendants 1 and 2 unless it was proved it was so acquired by their skill and their own earnings, it must be presumed to be out of the joint family nucleus.