SRINIVAS Vs. VENKATAPPA

JUDGEMENT

(1.) This appeal by the plaintiffs is preferred against the judgment and decree dated 19th June, 1976 passed by the learned Principal Civil Judge, Bangalore District, in Original Suit No. 42/73 dismissing the suit filed by the appellants for partition and separate possession of their shares in the suit-schedule properties. Parties in this judgment will be referred to with reference to the ranking assigned to them in the trial Court.

(2.) The 1 st defendant is the father of the plaintiffs. The 2nd defendant is the brother of the 1st defendant. Defendants 3 and 4 are the alienees. The 5th defendant is a tenant of a portion in item No. 1 of the suit-schedule property. The trial Court, on the basis of the pleadings of the parties framed the following issues:

(3.) Having regard to the contentions urged before us, the following points arise for consideration : (1) Whether suit item Nos 2 to 4 are the joint family properties ? (2) Whether the partition effected by defendants 1 and 2 is fair ? (3) Whether the alienation made by Defendant No. 1 evidenced by Exhibit P-3 is binding on the shares of the plaintiffs ? If so, whether the alienation evidenced by Exhibit P-8 effected by Defendant-3 in favour of Defendant-4 is binding on the plaintiffs ? (4) Whether the Court had jurisdiction to entertain the suit ? (5) What relief ? Point No. (1) :