H.ANANTHA MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The plaintiff is in appeal.

(2.) The plaintiff instituted the suit in which he sought for a declaration that he was the absolute owner of the property bearing Sy.No.266 measuring 11 acres 39 guntas situate at Konanduru Village, Agrahara Hobli, Thirthahalli Taluk. He also sought for a declaration that the Gift Deed executed on 16/5/1956 was not binding on the plaintiff. Consequently, a decree for injunction was also sought.

(3.) It was the case of the plaintiff that the land bearing Sy.No.266 was a joint family property and there was a partition effected on 28/7/1955 amongst the members of the family by way of a registered Partition Deed. It was his case that he was a minor aged about 12 years as on that date and his father Phaniyappa Jois had participated in the partition as his guardian. It was stated that in the said partition, the land bearing Sy.No.266 measuring 11 acres 39 guntas was allotted as his share and his father had not been allotted any share.