V.RAVICHANDRA DAS Vs. V.MOHAN GOVINDA DAS

JUDGEMENT

(1.) THE appeal is directed by the appellants/plaintiffs as against the judgment and decree dated 30.11.2005 made in O.S.No.30 of 2004 on the file of the First Additional District Court, Dharmapuri at Krishnagiri.

(2.) FOR the sake of convenience, in this judgment, the parties are referred to, as arrayed in the suit.

(3.) BRIEFLY , the case of the plaintiffs is that the plaintiffs and the first defendant are the brothers and along with their father, namely, K.G.Venkatachalam constituted a Hindu joint family and father was the joint family manager and Kartha and the said joint family owned vast extent of properties including more than 60 acres of irrigated lands and it also doing business to the tune of Rs.10 lakhs and getting income for more than Rs.5 lakhs per year from the said joint family properties and money lending business. It is also averred in the plaint that the plaintiffs' father had purchased the suit property in the name of the first defendant from the Official Receiver of Dharmapuri District for Rs.26,000/- in an auction held on 18.7.1973 and the Official Receiver had executed registered sale deed in favour of the first defendant on 13.8.1975 and delivered the possession of the suit property. At that time, the first defendant was aged about 19 years and he was not getting any separate income and he was not having any separate funds to enable him to pay the above said sale consideration. Therefore, the suit property was purchased only for the joint family from and out of the joint family income and also treated and enjoyed as joint family property and it was never treated or enjoyed as of the separate property of the first defendant. Further the above said fact was also stated in the list of outstandings due to the joint family prepared on 20.4.1975 in which the first defendant, first plaintiff and their father and mother and on behalf of the second defendant, first defendant had signed.