M CHANDRASHEKAR Vs. M CHANNABASAVARADHYA

JUDGEMENT

(1.) THE appellants in RFA 159/2004 are the plaintiffs in O.S.No.105/87 filed against his brothers, sisters, and purchasers seeking partition and possession of their share in the suit ancestral properties. THE appellants in RFA No.158/2004 is one of the plaintiffs in O.S.No.13/91/(D-3 in O.S.No.105/87) filed the suit seeking relief of partition and possession. THE subject matter and the parties in both the suits are common. For convenient discussion in the Judgment, the appellants in RFA.NO.159/2004 would be referred to as the plaintiffs and the respondents would be referred to as the defendants.

(2.) THE plaintiffs-defendants 1 to 4 are the sons of late Madaiah. THE defendant No. 5 is the wife of Madaiah. THE other defendants are the purchasers of the property from the first defendant. After the death of Madaiah, the first defendant as a eldest brother was managing the joint family properties as kartha. It is alleged that the first defendant without legal necessity and without benefit to the estate has sold some of the suit properties which is illegal and does not bind the coparceners who are not parties to the sale. Hence seek partition and possession. THE defendants 3 and 4 in O.S.105/87 who are plaintiffs in O.S.NO.13/91 make similar allegations and seek partition and possession of their share.

(3.) THE defendants 11 and 12 are the purchasers of item Nos. 5 and 6 of the suit schedule, submit that the property is sold for the benefit of family and for legal necessity. It is said that the defendants have invested huge amount for converting the property in a layout forming house sites, and have already sold 14 sites. THE defendants contend that in the event of partition item No. 5 and 6 be equitably allotted to them.