NANJIAH Vs. MAREGOWDA

JUDGEMENT

(1.) The suit O. S. 74 of 45-46 on the file of the Second Munsiff, Mysore, out of which this appeal arises was filled by the plaintiffs-appellants for cancellation of a 'rajinama' decree obtained by their mother as their next friend, in O. S. 35 of 45-46 on the file of the Second Munsiff, Mysore, and for partition and possession of their 3/4th share in plaint schedule properties.

(2.) The case of the plaintiffs is that the plaint schedule properties are their ancestral properties and that the first defendant, their undivided father, who has been living separately from them leading a reckless life alienated for no legal necessity the joint family properties (plaint schedule items 1 & 2) to defts. 3 & 4. Their mother the second defendant filed the suit in O. S. 35 of 45-46 as their next friend in respect of these alienations but she effected a compromise under undue influence against the interest of the minors. Plaintiffs pray that the 'rajinama' decree in that _suit has to be set aside and they have to be_ given such relief as they are entitled to, in this suit, in view of the fact that the 'rajinama' is not binding on the first plaintiff in particular as he bad attained majority, when the compromise was entered into without his consent and is not binding on all the plaintiffs as it is against their interest.

(3.) Defendants 2 and 3 contended that the compromise in the previous suit was 'bona fide' and in the Interest of the minors and that the sales in their favour are binding on plaintiffs as they were effected for legal necessity though the plaint schedule properties were the ancestral properties of the family of the plaintiffs and their father. Both the courts have come to the conclusion that the first plaintiff had attained majority by the time the compromise was entered into, that the alienations in favour of defendants 3 and 4 were not for legal necessity, but that it was not under any undue influence that the mother of the plaintiffs entered into a compromise.