VENKAT Vs. ANITHA

JUDGEMENT

(1.) The second defendant in O.S.No.13/2011, on the file of Senior Civil Judge, Bhalki has filed this appeal challenging the judgment in the said suit for partition.

(2.) The plaintiffs 1 to 4 are the daughters of defendants 1 and 4. The second and third defendants are the sons of defendants 1 and 4. The plaintiffs' case is that 21 acres of land in Sy.No.44 and two houses bearing Nos.4-130 and 4-131 situated at Mehkar village, Bhalki taluk, Bidar district is their ancestral property and that each of them is entitled to a legitimate share. The defendants 1 to 3 created a partition deed dated 29.06.2000 among themselves. The plaintiffs were not parities to the said partition deed. Thereafter the second defendant, based on the said partition deed, filed a suit, O.S.54/2004 in the court of Senior Civil Judge at Bhalki for the reliefs of declaration of title and injunction. The said suit was decreed on 26.11.2009, but liberty was given to the plaintiffs to claim their shares in a proper manner by reopening the partition. Therefore they instituted the suit for partition.

(3.) The second defendant contended in his written statement that the plaintiffs have no right to seek partition as they themselves admitted about the partition in their former suits, O.S.No.39/2003 to O.S.No.43/2003. The decrees in the said suits were all collusive. They cannot take undue advantage of the judgment and decree in O.S.No.54/2004. He further stated that at the time of partition on 29.06.2000, defendants 1 to 3 undertook the responsibility of performing the marriages of the plaintiffs and therefore the plaintiffs relinquished their shares in the property in their (defendants 1 to 3) favour. In fact the marriages were performed by him. The partition deed was executed in the presence of respectable persons of their village. The plaintiffs colluded with first defendant after the said partition and then filed suits O.S.No.39/2003 to O.S.No.43/2003. The judgments in the said suits did not bind him and in fact, in the judgment in O.S.No.54/2004 it has been observed that the judgments in the said suits do not bind his interest. Therefore the plaintiffs cannot claim partition and the suit has to be dismissed.