PERLA KRISTIAH Vs. BODDU NARASIMHAM

JUDGEMENT

(1.) The facts of the case so far as they need be stated for the purposes of this second appeal are as follows: The 1 and 2nd defendants are the only co-parceners in an undivided Hindu family governed by the Mitakshara law. Sometime ago the 2nd defendant sold to the 3 defendant the, whole of a house, the property of the joint family, alleging the existence of family necessity to justify the sale. Subsequently 1 defendant sold to the plaintiffs his undivided half share in the same house.

(2.) Plaintiffs brought the present suit to compel the defendants to divide off and deliver to him one-half of the house.

(3.) The 2nd and 3 defendants pleaded, inter alia, that the family owned another house and that, therefore, a suit for partition of the plaint house alone could not be sustained.