MALLAIAH Vs. SANJEEVARYAPPA,

JUDGEMENT

(1.) THIS Regular Second Appeal is preferred by the appellants being aggrieved by the judgment and decree dated 20.9.2003 passed by the Civil Judge (Sr.Dn.), Madhugiri in R.A.No.56/2002 confirming the judgment and decree dated 12.2.2002 passed by the Addl. Civil Judge (Jr.Dn.) & JMFC., Madhugiri in O.S.No.488/1989.

(2.) RESPONDENT herein is the plaintiff before the trial Court in O.S.No.488/1989. He has filed the suit for partition and separate possession of his 1/3rd share in 15 items of the suit schedule properties as shown in the schedule to the plaint and also for mesne profits from the date of suit till delivery of possession of his share.

(3.) THE brief facts of the plaintiff s case in the said suit is, first defendant is the father and the second defendant and the plaintiff are his sons; the plaintiff and defendants 1 and 2 are Hindus governed by Mithakshara law and are the members of Joint Hindu family for which, first defendant is the Manager; suit schedule properties are the joint family properties and are in joint possession and enjoyment of the parties to the suit. The plaintiff is entitled to 1/3rd share in the suit schedule properties. The defendants in collusion with each other are secreting the income derived from the joint family properties and they are also attempting to alienate the properties to the third persons. The plaintiff apprehends that whole of the properties may be wasted and may be alienated by the defendants. The family is getting income from the schedule properties and surplus amount also remains after family expenditure. The defendants may not account the income derived from the schedule properties and give the share of the plaintiff. The plaintiff is no longer interested in continuing in the joint family. The defendants evaded the demand made by the plaintiff for partition and separate possession in the schedule properties. Hence, he has filed the suit.