G.MURALI Vs. GURUMURTHY

JUDGEMENT

(1.) The plaintiffs are the appellants before this Court. The plaintiffs filed the suit for partition praying for division of the suit properties into 36 equal shares and to allot 14/36 shares to the plaintiffs and to pass a final decree in terms of a preliminary decree and further to declare the sale deeds dtd. 17/7/1997 and 16/10/1997 executed by the first defendant in favour of the 7 th and 8 th defendant as null and void and also prayed for injunction against the 1 st , 7 th and 8 th defendants in respect of the suit properties. The parties to the suit admitted the relationship between them and the following is the admitted genealogy:

(2.) It is the case of the plaintiffs that the properties are ancestral in nature. Therefore the plaintiff and the defendants are entitled to their respective shares in the property and the same is liable for partition. The first defendant did not have any right title or interest to execute the alleged sale deeds in favour of defendants Nos.7 and 8 in respect of item No.1 of the suit schedule property and the same are not binding on them. There are no other impediments to grant partition in respect of the other properties.

(3.) On the strength of the said pleadings, the Trial Court framed five issues on which inter alia issue No.1 was, "Whether the first defendant had any right to execute the sale deed in favour of the defendants Nos.7 and 8, respectively"