VITHAPPA DEVAPPA PATIL Vs. BASAGOWDA DEVAPPA PATIL

JUDGEMENT

(1.) The present suit was one for partition brought by the appellant. His allegation was that he, defendant No. 1 and defendants Nos. 2 and 3, the sons of defendant No. 1, and two brothers of his, Rama and Laxmana, were members of a joint family, and that in 1886 defendant No. 1, the eldest member and manager, effected a partition with Rama and Laxmana, so that these two brothers having become separated in estate left the rest of the members of the family including the plaintiff joint, and that in 1907 defendant No. 1 turned the plaintiff out of the family house, in which he was living with the said defendant. Hence the suit for partition.

(2.) Defendant No. 1, in his written statement, pleaded that the plaintiff was not entitled to a share in the property, because there had been already a partition among the members of the family in the year 1886. In support of that allegation he produced a farkhat executed by Rama and Laxmana and by Laxmana as the guardian of the plaintiff who was then a minor.

(3.) The defendants case was that since 1886 the plaintiff had been living separately, enjoying the share of the property which had been allotted to him at the partition in 1886, and that, therefore, the plaintiff had been excluded from the general family property since that year, so that the claim was barred under Article 127 of the Limitation Act.