A LOKESH Vs. MALLANNA URUF APPAIAH

JUDGEMENT

(1.) THIS is a plaintiff's Regular first appeal challenging the judgment and decree passed by the Trial Court dismissing the suit of the plaintiffs for partition and separate possession.

(2.) FOR the purpose of convenience, parties are referred to as they are referred to in the original suit.

(3.) THE plaintiff No.1 and defendants 3 to 5 are the sons of defendant No.1. The plaintiff No.2 is the grand son of defendant No.1. Defendant No.2 is the daughter -in -law of defendant No.1. The father of the plaintiff No.2 is no more. The case of the plaintiffs is that they constitute a Joint family. Defendants 6 to 9 are strangers and purchasers of a portion of the suit schedule properties. The subject matter of the suit is land bearing Sy.No.196/6A measuring 2 acres 9 guntas situated at Varthur village, Bangalore South Taluk, which is fully described as item No.1 in the suit schedule. The other properties are house properties situated at Varthur Village, which are more fully described in the suit schedule as item Nos.2 and 3. The case of the plaintiffs is under a registered Will dated 02.04.1945 executed by the mother of the defendant No.1 by name Smt.Mallamma, the defendant No.1 acquired the suit properties. As per the recitals of the Will, life interest was created in the suit properties in favour of the defendant No.1 and he was not permitted to sell the suit schedule properties to the third party. After execution of the Will Smt.Mallamma has sold some of the properties mentioned in the Will for legal necessity. The suit properties are left over and they are bequeathed under the Will.