H V GURAPPA Vs. H T CHANDRASHEK HARAPPA

JUDGEMENT

(1.) The appeal and two cross-objections arise out of a suit O. S. No. 150 of 1967 on the file of the Civil Judge, Chick- magalur. The suit which has been substantially decreed, was instituted on behalt of a lunatic by next friend, for partition of the joint family properties and business and also for declaration that the family settlement in respect of those matters was illegal and not binding on the lunatic.

(2.) Briefly stated, the facts which are now found are these: Hanji Veerappa, the grand-father of the plaintiff was a self-made man. The early part of his life was bristled with difficulties. He had just 29 guntas of garden land to begin with. He had three suns: (1) Rudrappa-(2) Thotappa; and (3) Gurappa (defendant-1). in 1945 he had two casualties in his family. His second son Thotappa became of unsound mind and died leaving behind his wife and two children. A couple of months later, his first son Rudrappa also died, leaving behind his wife and four children. Thotappa's wife Sakamma was defendant- 7 since deceased; his only son Chandrashekarappa is the plaintiff who is lunatic, Sharadamma (defendant-8) is the sister of the plaintiff. Eramma (defendant-4) is the widow of Rudrappa. Her two daughters Lalithamma and Indrakshi are defendants 5 and 6, and two sons Basavaraju and Raju are defendants 2 and 3 respectively.

(3.) In 1940-41 Veerappa and his sons had to work under a local merchant B. V. Halappa to earn their livelihood. Thereafter they started independent business and began to acquire properties bit by bit mostly in the name of the father and a few in the joint names of the father and third son Gurappa. In 1939 they got a grant of 12 acres of darkhast land out of which they converted six acres into areca garden. In 1945 a saw mill called 'Veerabhadreswara Saw Mill' was purchased in the joint names of Veerappa and Gurappa. Later Gurappa became a partner in a local cinema theatre called 'Bharath Talkies' by purchasing 1/4th share. They also acquired as many as eight sites, 16 acres 29 guntas of wet land and 8 acres 26 guntas of dry land. They were in possession in all of a little more thar 14 acres of garden land.