ANNAPPA REDDY Vs. U KRISHNA

JUDGEMENT

(1.) This appeal by the first defendant is directed against the judgment and decree dated 26.3.1973 passed by the II Addl. Civil Judge, Bangalore City in O.S.No.28 of 1969 on his file, decreeing the suit of the plaintiff as prayed for.

(2.) The relevant plaint averments in brief are: One Ugrappa Reddy was the propositus of the family. His wife was Muniyamma. He had five sons, namely, Lakshmiah Reddy, Munireddy, Yengappa Reddy, Anneppa Reddy and Krishna Reddy. Krishna Reddy is the plaintiff in the suit. Anneppa Reddy is the first defendant.

(3.) It is the case of the plaintiff, as also of the first defendant, that there was a regular partition among the members of the family on 26.8.1963 as per Ext. P.1 a registered Partition deed. Thereafter, it is the case of the plaintiff that himself and defendant No.1 reunited and were living in union, carried on joint business earned profits and acquired properties. Since disputes arose between them in December 1967, he demanded of defendant No. 1 to give his half share in the schedule properties along with profits.