JINARAJA HEGDE Vs. KUSUMU

JUDGEMENT

(1.) The plaintiff is the appellant in this second appeal. He and the seven defendants were members of an aliyasanthana family. The plaintiff is the yejaman of the third branch of that family, whereas the defendants are the members of the second branch.

(2.) On April 27, 1936 a maintenance arrangement was entered into between the members of the family which was recorded in the registered agreement Exhibit A-1 executed on that date. For the more convenient enjoyment of the properties, certain properties were allotted to each branch of the family. Since a larger extent of properties was allotted to the second branch should for equalisation, pay to the members of the third branch, five muras of rice every year. The liability to pay this quantity of rice in that way was charged on the income of the properties allotted to the defendants branch.

(3.) The defendants paid to the members of the third branch five muras of rice only until April 13, 1952 but neglected to do so thereafter. There was a partition between the members of the family in the year 1962 and after the partition was made, the plaintiff who was the yejaman of the 3rd branch brought the suit out of which this appeal arises for the recovery of the value of rice which remained unpaid for the period between April 12, 1952 and April 13, 1961.