JAYAMMA Vs. R RANGAPPA ALIAS GUNDAPPA

JUDGEMENT

(1.) THIS is defendants appeal against the judgment and decree of the Trial Court in so far item No.6 of the suit schedule property is concerned. The plaintiffs have preferred cross -objection in respect of item Nos.1 to 3.

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

(3.) THE case of the plaintiffs is, the plaintiffs and defendants 1 to 3 constitute a Hindu Undivided Joint Family. There was no partition in the family. All the suit schedule properties are the joint family properties. On the death of Kotapa, the kartha of the family, as he did not have any sons, the first plaintiff performed the obsequies of Kotappa. The first plaintiff also celebrated the marriages of defendants 1 to 3 by spending huge amount. The first plaintiff came to know that in the month of August 1998 the defendants 1 to 3 have sold item Nos.4 and 5 of the suit schedule property in favour of the 7th and 8th defendants respectively. Immediately thereafter, they have obtained a certified copy of the sale deed. Again the defendants 1 to 3 have sold item Nos.1 and 3 of the suit schedule property in favour of 4th and 6th defendants respectively. The defendants 1 to 3 have sold 2nd item of the suit schedule property in favour of the 5th defendant. The plaintiffs contend that the defendants 1 to 3 have no manner of right, title or interest in the suit schedule property. They have no right to alienate the properties in favour of the defendants 4 to 8. The sale deeds executed by the defendants 1 to 3 in favour of the defendants 4 to 8 are not at all binding on the plaintiffs and they are void. Therefore, the plaintiffs have prayed for partition and separate possession of their 7/8th share in the suit schedule properties.