VENKATARAMANAPPA Vs. T. ANANTHKUMAR

JUDGEMENT

(1.) THIS is a defendants appeal assailing the judgment passed by the Principal Civil Judge (Sr. Dn.), Madhugiri on his file in R.A. No. 154/1999 whereby reversed the judgment of the Trial Court.

(2.) FOR the sake of convenience, the parties will be referred to as per their ranking before the Trial Court.

(3.) THE defendants contested the suit together and they disputed the very relationship of the plaintiffs to Thimmarayappa, though they admitted that Thimmarayappa is their deceased elder brother. The defense set up was, Thimmarayappa relinquished all his rights in the suit property from the joint family under a deed dated 3.12.1955. The encumbrance of clearing the loan that the family had incurred was also taken up and the burden of clearing the loans fell on these defendants (who were minors then) and also the deceased father Kappaiah. All the movables and valuables were also got divided. Further the defendants contended that the suit is barred by limitation. There is no cause of action. Court fee paid is insufficient and bad for non -joinder of necessary parties etc.