DHANA RAO Vs. KALIDASAN

JUDGEMENT

(1.) THE only question for decision in this appeal by the plaintiff is as to whether the suit properties are joint family properties available for partition among the parties to the suit or are they separate properties of the acquirers. According to the plaintiff, he and the defendants belong to a joint Hindu family of the descendants of one Bhakta Shetty. THE 12 items of properties mentioned in the plaint are the acquisitions of Parades! Shetty on behalf of the joint family and are therefore available for partition among the members of the joint family. THE suit is resisted by defendants 6, 7 and 9. According to them some of the properties were the acquisitions of their predecessor Paradesi Shetty and some other properties are separate acquisitions of defendant 6 and her son Bapputta Shetty. THE court below has found that the plaintiff has failed to prove that the properties are joint family properties and has accordingly dismissed the suit. It is against this that the plaintiff has come up in appeal.

(2.) THERE is no dispute about the correctness of the genealogy shown in page 4 of the printed judgment of the court below. Bhakta shetty, the common ancestor, had two sons Vittala Shetty and Bapputta Shetty. Paradesi Shetty is the son of Bapputty Shetty. He died in the year 1952. The 6th defendant is his widow. They had a son by name Bapputta Shetty. He died in the year 1938, even before the death of Parades Shetty. The 7th defendant is his widow. Defendant 8 is a daughter of Bapputta Shetty and defendant 9 is the daughter of Devayani, a deceased daughter of Bapputta Shetty. Vittala Shetty, son of Bhakta Shetty, had three sons-Angada Shetty, Hari Shetty and Bikkari shetty. The plaintiff is the son of Bikkari Shetty. Defendants 1 to S are the descendants of Angada Shetty and Hari Shetty.