ISHRAPPA GANAP HEGDE Vs. KRISHNA PUTTA SHANKAR HEGDE

JUDGEMENT

(1.) The plaintiff sued for a partition of the plaint strip of land and separation of his two-thirds share claiming title under a sale by defendants Nos. 3 and 4 of their two-thirds interest to the plaintiff in the suit property. Defendants Nos. 3 and 4 were members of a joint family consisting of themselves together with defendants Nos. 2 and 5, who were jointly interested to the extent of one-third. After the sale by defendants Nos. 3 and 4 to the plaintiff, the second defendant as manager of the family sold the plaint strip to the first defendant.

(2.) In the trial Court the first defendant endeavoured to prove that there had been a sale to him of the plaint strip by defendant No. 2 prior to the date of the sale to the plaintiff of two-thirds of the property by defendants Nos 3 and 4. This issue was found against him.

(3.) Then the first defendant claimed that defendants Nos. 3 and 4 were estopped from selling the plaint strip or an interest therein to the plaintiff, and that issue was found in the trial Court in the affirmative, and the suit was dismissed, on the ground that the plaintiff's suit for partition for specific property could not lie without suing for a general partition.