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 1st defendant has filed the written statement denying mala fides on his part and contends that he has sold the properties for the sake of maintenance of the family, for meeting the marriage expenses of the sisters and some of the sales are made for the benefit of the estate. It is stated that from the sale proceeds of items 5 and 6, the property at item 4 in the suit is purchased in the name of the mother. It is said that the suit is a collusive suit and pray for dismissal.