SINGRIAH Vs. RAMANUJA

JUDGEMENT

(1.) The appellants in this appeal are defendants 1 and 8 to 17 in Original Suit No. 39 of 1950-51] on the file of the learned District Judge, Mysore. The first respondent is the plaintiff therein.

(2.) The suit is for partition and delivery of the plaintiff's 2/15th share in the plaint properties with past and future profits. The plaintiff claims to be the adopted son of Naranappa the deceased brother of defendant 1. The genealogical table of the family is given in appendix "A" of the plaint. The correctness of this genealogy is not disputed excepting the fact that the plaintiff is the adopted son of Naranappa. Defendants 1 and 8 to 19 resisted the plaintiff's suit on various grounds. As many as 14 issues were framed in the suit. The trial court has decreed the plaintiff's suit awarding him 1/9th share in the plaint schedule properties. Further it has allowed him profits from the date of the suit. But the determination of the quantum of profits has been left over for a separate enquiry. The Court below has come to the conclusion that the plaint items Nos. 10 to 12, 18, 20 and 29 to 31 are not family properties and as such the plaintiff is not entitled to any share in those items of property. It has also disallowed the plaintiff's costs as he has substantially failed in his suit. The appellants have challenged the findings of the Court below to the extent they are against their contentions. The plaintiff in his turn has filed cross-objections disputing the findings of the trial court as regards (i) the true character of property shown in plaint item No. 30, (ii) has right to get past profits and (iii) costs.

(3.) In the course of the hearing of this appeal, several of the contentions raised by the appellants in their grounds of appeal were not pressed. Their learned Counsel focussed his arguments on the following points :