HELAVA Vs. SESIGOWDA AND

JUDGEMENT

(1.) This is a plaintiff's appeal against the decree made by the Subordinate Judge, Mandya, in Regular Appeal No. 46 of 1952-53.

(2.) The plaintiff has filed the suit on the 14th of May 1951 to have it declared that the alienation made by his father under Ext. 1, dated 13-2-1941, in favour of defendant 1 is not binding on his half share and claiming possession of the same after partition.

(3.) The allegations in the plaint are that during his minority, his father, the deceased Helavegowda sold the schedule properties to the 1st defendant for a consideration of Rs. 280/which is inadequate and that there was no legal necessity for the sale of the properties nor was there any family benefit.