ESWARAIAH Vs. B S SIDDALINGAPPA & ORS

JUDGEMENT

(1.) Defendant No. 2 is the appellant who is aggrieved by the grant of injunction against him alone by the Courts below.

(2.) The facts are not in serious dispute. The plaintiffs who are the sons of one Siddamallaiah have filed a suit against their uncle Siddappa. Siddamallaiah and Siddappa being the brothers, Defendant No. 2 Eswaraiah is the person who purchased the sharp of Siddappa in the suit property. Claiming the entire property as joint family property belonging to joint family of Siddappa and Siddamallaiah the suit for injunction came to be filed. The first defendant claims that there was a partition in the family on 16.2.76 and on the basis of the partition he is in possession of the suit property and only on that basis he has sold the property to the second defendant. Consequently, neither Siddamallaiah nor Siddappa, the owners, is entitled to any share in the property. The first defendant resisted the suit contending that in view of the fact that he is entitled to the value of the property there cannot be any injunction against him or against his purchaser. The second defendant claims that his purchase is valid in the of law and he is in possession consequently no injunction shall follow.

(3.) The Courts below despite holding that the possession of the suit property between the plaintiff and the first defendant deemed to be in a joint possession declined to grant the relief of injunction on the ground that defendant the No. 2 has failed to prove partition. Hence, the second appeal.