RANGAYYA GOWDER Vs. NARAYANASWAMI GOWDER

JUDGEMENT

(1.) This is an appeal by the plaintiffs against the dismissal by the learned Subordinate Judge of South Malabar at Palghat of their suit O. S. 52 of 1951

(2.) The suit was for effecting a fresh partition of the properties described in Schedule 3 to the plaint and for allotment of half share to the plaintiffs and also to direct the second defendant to render an account of his dealings with the properties shown in plaint schedules 1C, 2A and 2B and the profits derived therefrom and also for the income and profits derived from the other properties shown in schedule 3. They also ask for certain consequential reliefs. The relationship of the parties has been given in paragraph 14 of the lower court judgment and it is unnecessary for us to reproduce the same.

(3.) It will be seen that one Rangayya Gowder had four sons, Krishnayya, Rangayya, Venkatrarna and Thimmayya. The first defendant is the son of Krishnayya and the father of two plaintiffs. The 10th defendant is the wife of the first defendant and the mother of the plaintiffs. The second defendant is the brother of the first defendant and his children are defendants 3 and 11 to 14. The 4th defendant is the only son of Rangayya who is no more. Defendants 5, 6 and 7 are the sons of Venkatrarna who is also no more. Thimmayya, the youngest son of Rangayya is the 8th defendant and his son is the 9th defendant.