LAWS(KAR)-1949-7-2

RUKN UL MULK SYED ABDUL WAJID Vs. RVISHWANATHAN

Decided On July 29, 1949
RUKN-UL-MULK SYED ABDUL WAJID Appellant
V/S
R. VISHWANATHAN Respondents

JUDGEMENT

(1.) The appellants in these two regular appeals are defendants 1 to 3 in O.S.No. 60 of 1944 on the file of the District Judge, Civil & Military Station, Bangalore, as well as in O.S. No. 56 of 1942-43 on the file of the District Judge, Bangalore City, re-numbered as O.S. No. 60 (A) after its transfer to the District Court, Civil & Military Station, Bangalore. These two suits were disposed of by a common judgment and it is against this judgment of the District Judge, Civil & Military Station decreeing the two suits as prayed for that the appellants have come up in appeal. The appeals were first heard by Sri Balakrishnaiya and Sri V. Kandaswami Pillai JJ but on a difference of opinion, they were referred to a Full Bench by Sri Balakrishnaiya J. and have come up, therefore, for decision before the Full Bench.

(2.) The three plaintiffs in the two suits referred to above are sons of V. Ramalinga Mudaliar who died after disposing of the plaint schedule properties under a testamentary disposition dated 30th July 1942 leaving major portion of the properties for charity and appointing the appellants as executors. The suits have b been filed for a declaration that the properties are the joint family properties of plaintiffs and their father and that the latter had thus no right to dispose of the same by a will. Plaintiffs have prayed for possession of the properties and for a declaration that defendants 1 to 3 should render accounts of their possession till date of suit. The appellants contended that the properties are the self-acquired properties of the testator and that he had every right to dispose of the same in any manner he liked. Defendant 4 in the two cases in the mother of the plaintiffs. The other defendants except one, who has been impleaded as purchaser of one of the plaint schedule properties are their sisters.

(3.) The basis of the claim of the plaintiffs was laid as follows in the plaint in O.S. No. 60 of 1944 on the file of the District Judge, Civil & Military Station: "The said V. Ramalinga Mudaliar came into possession of movable and immovable properties including some houses in Arunachala Mudaliar Road, Civil & Military Station, Bangalore, which had belonged to his father, Vydyalinga Mudaliar. The said properties were sold by Ramalinga Mudaliar and the sale proceeds were invested in several business in or about the year 1928 plaintiff 1 joined his father and actively assisted him in the several business of the family.. ..Apart from the fact that there was a nucleus of ancestral property with which the business were carried on the plaintiffs submit that the adult members of the family, viz., plaintiff 1 and late Mr. V.Ramalinga Mudaliar were actively associated with the family businesses and that all the properties were treated by V. Ramalinga Mudaliar as family properties."