CHANDRASHEKARA NAIK Vs. N ISHWARA BHAT

JUDGEMENT

(1.) Plaintiff is the appellant.

(2.) Plaintiff filed the suit in O.S. No.139 of 1987 before the Sub Court, Kasargod for partition on the following grounds: Plaint B Schedule properties are the movables. Plaint A schedule property item No.1 measuring 1.15 acres and item No.2 measuring 33 cents along with yet another item were allotted as B Schedule in Exhibit B1 partition dated 1.2.1971 to the appellant, his father and brothers, who are respondents 4 to 6 (defendants 5 to 7). At the time of Exihibit B1 partition, appellant and his brothers, respondents 5 and 6 were minors. The father sold the plaint items to respondents 1 to 3 (defendants 1 to 3) representing minors, namely the appellant and respondents 5 and 6 under Exhibit A1 dated 26.10.1973, detrimental to their interest. There was no necessity to sell the shares of the minors, the sale was not for the welfare of the family nor was it for discharging the antecedent debts. And the value of the property sold for a sum of Rs.7,000/- is too low. Therefore, the appellant is entitled for partition of his one fourth share in the suit property being a co-owner.

(3.) Suit was resisted by respondents 1 to 4 on the ground that the sale deed was executed for the family necessity, that there was a debt payable by the family, that they have effected improvements in the property and that the appellant is not entitled to a partition ignoring Exhibit A1 sale deed.