MANJU Vs. MANJUNATH

JUDGEMENT

(1.) THIS appeal is filed by defendant No. 1 of original suit bearing O.S. No. 319/1990 which was pending on the file of the Addl. Civil Judge (Jr. Dn.), at Srirangapatna, of Mandya District. Respondent Nos. 1 and 2 are plaintiffs 2 and 3 in the said suit. Respondent No. 3 was the fourth defendant in the said suit. Respondent No. 4 was defendant No. 5 in the said suit. Respondent No. 5 was the plaintiff No. 1 in the said suit. Respondent No. 4 died during the pendency of this appeal and his legal representatives were already on record as respondent Nos. 1, 2, 3 and 5. Suit filed by plaintiffs 1 to 3 for the relief of partition and separate possession seeking 1/4th share each share came to be dismissed after contest.

(2.) APPEAL filed under Section 96 of CPC by plaintiffs 2 and 3 has been allowed by the learned Civil Judge (Sr. Dn.), Srirangapatna. It is this divergent judgment which is called in question on various grounds as set out in the appeal memo. Parties will be referred to as plaintiffs 1 to 3 and defendant Nos. 1 to 5 as per their ranking given in the Trial Court.

(3.) FIRST defendant chose to file a detailed written statement denying all the material averments. Plaintiffs have been called upon to prove the contents of the plaint. According to the first defendant, fourth defendant, being the Manager of the joint family sold the schedule property for a sum of Rs. 13,000/ - on 06.06.1990 through a registered sale deed and that the said sale deed is not the outcome of any fraud, undue influence or coercion, as averred in the plaint. Fourth defendant Raju is stated to have set up the plaintiffs to file a suit and hence the suit is not maintainable either in law or on facts. Suit is stated to be collusive in nature.