HANUMANTHAIAH AND ORS. Vs. HUCHAIAH AND ORS.

JUDGEMENT

(1.) THESE two appeals arise out of the common judgment passed in R.A. No. 7/2006 and R.A. No. 103/2006 by the learned Civil Judge (Sr. Da), Turuvekere. The Appellate Judge has allowed the appeals reversing the judgment and decree passed by the Trial Court. The Trial Court had decreed the suit for partition and separate possession filed by appellants herein.

(2.) R .A. No. 7/2006 was filed by the 1st respondent - Huchaiah whereas R.A. No. 103/2006 was filed by the purchaser of the property Manjunatha Guptha assailing the judgment and decree directing partition and separate possession of the suit properties.

(3.) IT was the case of the plaintiff that suit properties were ancestral properties of the plaintiffs and defendants 1 and 2 and that there was no partition. Revenue entries in respect of the properties stood in the name of father of the plaintiff - Sannakempaiah and after his death, entries were recorded in the name of the brother of the plaintiff - Huchaiah. Plaintiff also asserted that his younger brother - Huchaiah/2nd defendant had left all the properties in his (plaintiff) favour and migrated to another place along with his daughter as he had no male issues. It was urged by plaintiff that 1st defendant taking advantage of the situation alienated item No. 2 to 3rd defendant claiming that he was the absolute owner and hence, the said alienation was not binding on him.