MAHABALA HEGDE Vs. MEENAKSHI HEGGADITHI

JUDGEMENT

(1.) In the village of Neerve in the District of South Kanara, there was a family governed by the Aliyasanthana Law, consisting of three sisters and five brothers. Pushpavathi, Meenakshi and Narasamma were the three sisters. Mahabala, Thejappa, Anthiah, Venkappa and Krishnayya were the five brothers. Mahabala was the plaintiff in the suit out of which this appeal arises. Meenakshi was defendant 1, Thejappa was defendant 2 and the other three brothers were not parties to this suit.

(2.) A dispute having arisen between the members of this family in regard to their family properties, it was referred to arbitration. The reference was to three arbitrators who made an award, in pursuance of which in O. S. 43/1937 on the file of the Subordinate Judge of South Kanara a decree was made on 9-12-1938.

(3.) The arbitrators did not themselves divide the family properties between the members of that family. They gave direction as to the manner in which such division should take place. What the arbitrators did not to first associate the plaintiff and Thejappa with their sister Meenakshi. They likewise associated Venkatappa and Krishnayya with their sister Pushpavathi. Anthian was likewise associated with his sister Narasamma. The arbitrators made an award that the family properties in the first instance should be divided into three shares. Those three shares had to be delivered to the possession of the three sisters out of which had to be further carved out the properties to be given to the brothers who were associated with their sisters, to be enjoined by them during their lifetime. The properties to be so carved out for Mahabala and Thejappa, out the share of Meenakshi, had to be a property which would fetch an income of 45 muras of rice per year. Lands of equal value had to be carved out of Pushpavathi's share for being handed over to Venkappa and Krishnayya. Lands which would fetch an income of 60 muras of rice per year had to be carved out of Narasamma's share to be handed over to Anthiah.