S BASHEER AHMED KHADER BASHA Vs. VELURU MUNIRATHNAM

JUDGEMENT

(1.) The sixth defendant in O.S.No.388 of 1986 on the file of the Principal District Judge, Punganur filed this Second Appeal. The first respondent is the sole plaintiff in the suit. For the sake of convenience, the parties are referred to as arrayed in the suit.

(2.) The plaintiff and defendant Nos.1 to 5 are brothers and the second defendant was the karta of the joint family. The suit was filed for the relief of partition and separate possession of item Nos.1 to 12 of the suit schedule property. He pleaded that the said items of property are ancestral and there was no family partition. It was alleged that item Nos.10 to 12 comprising of an extent of Acs.33.00 of dry land was sold by the second defendant in favour of defendant Nos.6 and 7, through a sale deed dated 29.04.1985, without there being any family necessity.

(3.) The suit, particularly insofar as it related to item Nos.10 to 12 was resisted, by the defendants. It was pleaded that the said items were sold for the better enjoyment of the property, and that all the brothers, except the plaintiff, have taken their respective shares of the sale consideration. It was also pleaded that the share of the plaintiff was kept in a separate account.