SHANKERANARAYANA DEVAPOJATHAYYA Vs. RAMAKRISHNA THEREKUNJATHAYYA

JUDGEMENT

(1.) The short point that arises for consideration in this appeal is whether the sale deed, Ext. B-4, executed by the 1st defendant, the father of the plaintiff, regarding item 3 of plaint B Schedule, is binding on the plaintiff.

(2.) The plaintiff is the only son of the 1st defendant and his suit was for a partition of the joint family properties by metes and bounds, ignoring the several alienations made by the 1st defendant and for allotment to him of a half-share in all the items.

(3.) Though; several transactions of the father were challenged in the suit the controversy in this appeal is mainly regarding the alienation made under Ext. B-4 by the 1st defendant The benefit of the suit transaction has ultimately enured to the 5th defendant, who is the appellant before us.