GANGU SHEDTHI Vs. KAMALA SHEDTHI

JUDGEMENT

(1.) This Regular First Appeal is against the judgment and decree of the Civil Judge, Udipi, S.Kanara, in OS.11 of 1968 dismissing the suit of the plaintiffs, who, are 23 in number, for declaration and possession future mesne profits.

(2.) The plaintiffs, who are the appellants herein, alleged that the 1st defendant has no right to alienate or otherwise transfer possession of the properties described in the plaint A schedule in favour of the defendants 2 to 11. The defendants resisted the plaintiffs' claim on the ground that the AHyasanthana family of the plaintiffs and first defendant was divided ever since Ex P1, d . 16-8-1897, and therefore the plaintiffs are not entitled to the reliefs claimed.

(3.) The lower Court, after bestowing ample thought, has construed Ex.P1 (which is in Kannada, a language familiar to the parties thereto) to be an out-and-out deed of partition and not a mere karar or agreement for maintenance or convenience of enjoyment of the family properties. It is this finding of the trial Court that is challenged in this appeal.