AARIYAPPA AND OTHERS Vs. MAHADEVAPPA AND OTHERS

JUDGEMENT

(1.) The case of the plaintiffs is that they and the defendants are members of the undivided Hindu family. Plaintiff no.2 is the son of plaintiff no.1. The father of plaintiff no.1, Ariyappa and father of the defendant no.1 are brothers. Defendant nos.2 to 4 are sons of defendant no.1. The suit schedule properties are joint family properties of plaintiffs and defendants. That they are in joint possession of the same. That the father of the first defendant was managing the properties during his lifetime. After his death, the first defendant is managing the properties.

(2.) The plaintiff nos.1 and 2 are dull-witted persons and not aware of worldly affairs. Defendant no.1 has taken signatures of the plaintiffs on various documents. When the plaintiff no.2, asked for accounts, defendant no.1 started ill-treating him.

(3.) It is the case of the plaintiffs that the suit schedule properties are purchased out of joint family funds. Therefore, they together have half share in the suit schedule properties. The matters were referred to the Panchayat, where no settlement was arrived at. Hence, the instant suit for partition was filed.