M HARISH Vs. SINDHU

JUDGEMENT

(1.) This appeal it by the 2nd Defendant against the order of the Additional Senior Civil judge and JMFC, Hunsur, sitting at Perlyapatna, In O.S. No. 250/09 dated 6.12.2010.

(2.) For the sake of convenience, the parties are referred to in terms of their status before this trial Court.

(3.) The Plaintiffs, represented through their guardian maternal grandmother, filed the suit seeking for partition and separate possession, declaration and manse profits against the Defendants. The 1ST Defendant who is none other than the father of the Plaintiffs, had sold the suit Schedule property Item No. 1 in favour the 2nd Defendant under a registered safe deed dated 5.9.2009 for legal necessities. The matter was contested by the 2nd Defendant-purchaser. However, the 1ST Defendant- father of the Plaintiffs did not contest the matter. The trial Court referring to Amended Act 2005 of the Hindu Succession Act 1956, has allowed the suit filed ay the Plaintiffs declaring that the Plaintiffs are entitled for 2/3rd share each and the 1st Defendant Is entitled for 1/3rd share. As against which, the 2nd Defendant who is the purchaser of one of the Items of the Joint family properly, is before this Court on various grounds.