AMBATI RAMAKUMAR Vs. A V CHALAMAPPA SETTY

JUDGEMENT

(1.) Plaintiff's are the appellants. Their suit for partition and separate possession has been partly dismissed.

(2.) The 1st defendant is the father of the 2nd defendant and grand-father of the plaintiffs. PW3 is his brother while PW2 is his nephew. Item No.6 of the Plaint 'A' Schedule property was allotted to the 2nd defendant in Ex.Dl, dated 2-6-1958. The remaining Plaint 'A' Schedule properties, that is Items 1 to 5 allottea to the 1st defendant have been sold to the defendants No.3 to 5 through separate sale deeds, by him.

(3.) The plaintiffs filed a suit for their 2/5th share in the Plaint 'A' and Plaint 'B' Schedule Properties, alleging that these properties belong to the Joint Hindu Family consisting of the plaintiffs, their father, that is the second defendant and their grand-father, the first defendant. The 2nd defendant has got 1/10th share in them while the 1st defendant has got half share in them. Their father, that is the 2nd defendant, was a man of feeble-mind and was easily gullible. He was mentally sick also. The 1st defendant being a shrewd man obtained a relinquishment deed, Ex.Dl, on 2-6-1958 from their father, that is the Defendant No.2. He had executed nominal sale deeds in favour of defendants No.3 to 5. The relinquishment deed, Ex.Dl, is not binding on them. Therefore, their share should be declared as 2/5th in the Plaint 'A' and 'B' Schedule Properties and the properties should be divided by metes and bounds and they should be placed in the properties allotted to them.