JAYAMMA Vs. ANKEGOWDA S/O LATE ANKEGOWDA

JUDGEMENT

(1.) APPELLANTS are the defendants 1 to 5, 6 and 7 in O.S.No.123/1999, being aggrieved by the Judgment and decree dated 24-9-2005 passed by the Principal Civil Judge (Sr.Dn.) and JMFC at Srirangapatnam, wherein the suit filed by the plaintiff is decreed, the appellants have filed these appeals.

(2.) SINCE the common question of law and facts are involved in these appeals and the common order passed in O.S.No.123/1999 has been challenged in these appeals, both the appeals are clubbed together and disposed by this common order.

(3.) THE first defendant is the wife of late Gurumurthy Gowda who died on 17-5-1996. The defendants 2 to 4 are the children of the first defendant. The family of the plaintiff and defendants 1 to 5 owned suit 'A' schedule properties as their joint family properties. After the death of Ankegowda the plaintiff and his late brother Gurumurthy Gowda were cultivating a portion of the 'A' schedule properties separately as joint owners, though there is no partition of the joint family properties by metes and bounds. However without knowledge of the plaintiff his brother late Gurumurthy Gowda alienated item No.2(a) of the schedule 'A' properties in favour of the 7th defendant as per the registered sale deed dated 8-3-1970 and put the 7th defendant in possession of the properties. The defendants 1 to 3 without having any right, title to alienate the said 'B' schedule property as per the registered sale deed dated 22-11-1993 sold the said property in favour of the 6th defendant for a sum of Rs.6,000/- behind the back of the plaintiff. Since, defendants 1 to 3 have no right to alienate the property, the 6 th defendant does not get any title over said the property. Further the joint family properties cannot be alienated by one of the co-owners and the plaintiff is entitled for the share in the said properties. Accordingly he filed the suit with the above prayers.