T MAHALAXMIAMMA Vs. N S RADHAKRISHNA RAO

JUDGEMENT

(1.) These three appeals arise out of the decision in Original Suit No. 79 of 1958, instituted by the plaintiffs in the Court of the Subordinate Judge of South Kanara, for partition and possession of their one-third share in the suit schedule property.

(2.) Regular Appeal No. 209 of 1961 is by defendants 7 to 11, and it relates to items 2 and 3 of the plaint 'A' schedule, whereas Regular Appeal No. 217 of 1961 is by defendants 2 to 5, and it is confined to certain items of investment claimed by defendant 2 as his separate properties, and Regular Appeal No. 223/61 is by defendant 6, and his claim therein is the same as that claimed in R. A. 209/61.

(3.) We shall first deal with Regular Appeal No. 209 of 1961 which, as stated already, relates to items 2 and 3 of the plaint 'A' schedule properties. Before I set out the plaintiffs' case in relation to those properties, it will be convenient if I state the relationship of the parties as stated in the plaint.