Subraya M N vs Vittala Mn And Ors on 20 March, 2008

[Cites 0, Cited by 2]

Karnataka High Court

Subraya M N vs Vittala Mn And Ors on 20 March, 2008

Bench: V.G.Sabhahit

ll 11:: man noun or Iumumuu xr  * 

DATED um um 2o"'mv or  A}  E  L

1-an uonrnun  %&  jg «  E E E

R.F.A.No.aos;;99E"   V
BETWEEN:   E

1 SUBRAYAMN    " '

AGED ABOUT 53 YEA'RS;~.4  

S./0.LA'l'E NARAYANA,'-, E

KANOOR vj{L1,AaE, 

\.'I!2!'.;JPE.¢'F'E';5;§JL!!{',~.  ,   
Kona.uu..__  "     APPELLANT

(By S11:--T-NTR;!{Gi¥i:§PKTj}:iY:V' "  )

AND : 

1    , 
V .AGED'}'aB0'FJ'F 55. YEARS,

,  s;~a.:.A.'r;=;AA e_I..'.9..'a;*.'.¢".-'.54

 R.fD.HOR'PlCI'i'i'iﬁIRE FARM
 miyimiﬁrab,
"  ..§_(c§I)AGU.

2}  M.:N}KNﬁ{N111AIAH,
 51' YEARS.
5,1  .|\!.A.R.A.Y.A.!\!A
BRAHMAGIRI PAI,

V  II.llI"ll'l'.I I;-r\r\Ar-ul
2 l\1'\I'1Jl\, I\.\JIJl'I.\J'L-V.

'  Ni.N.LINGAPPA,



2"!

49 VFMRS,

Si 0.LA'TE NFhRﬁ'Y'ﬁﬁF\,
OPPSYNDICATE BANK,
THHWHMWH,

KODAGU.

4. 
S[0.LA'!'E NARAYANA; 
47   "
KALLUFIANFI,
VIRA.JPETTALUK,~._ -   
KODAGU.   M   '*.»;vR'ESPONDENTS

(av sen: G 3 KANE! IR mﬂﬁan :1;   J1. ~ 

"I'\l_ll¢'.\. tin  ii'?!  it 11¢ a... ti "mv:.r.r*~ Anninovn mu
I "IE,    L', I: '9' ~_':' '.1! '.' I1'..Jr\II'I:,I ' fl

JUDGMEN3?' Ants.» !)ECl~E_F__.'E~~. A33. 10.98 PASSED IN

n.s:.r~io.aoisfa6--ii.r;ii  rm (--;«.~%-wi. .iiinGF;_, (5-'iﬁ.i')I'v'.')
WRAJPET,.'DECREE-lN€} THE sutmvpon mnrmon AND
SEPARA'l'E_ Possaasioﬁ... % 

mm; «min.  abs hearing and  for
_§11c1ga_Ln1cnt;'Lt_4l1isaVvdaa1_y_  'CO}1.l't delivered the ibllowing:

.l'lII')ﬂEI!I'I'
.. ..
...._....................................

'Fifi. ]l'\.£

 . "_"_«...__._n 1___ ...1__ .1__¢-__ _I___4._ :___ 1"': a n1_ __. ¢1__
'I  Dy THC uclﬁnuanfﬂ 111 'Ju35vIVOaU'J] 90 0 I1 -

 VViZ!:5a¢yii__Jx{;ti'§c (Sr. 011.) Vimjpct. is din.-.c~.ted against the

jtldgmcﬁi  decree. dated 30.10.1993 wherein the suit

    the puainuﬂa 3 and 4 has been doomed by holding

\_9-J*



that plaintiﬂb 3 and 4 are entitled to 1/3-vi shame  

suit schcduh pmpcrtisus.

2. The essential facts of thtycagie  

appeal with reference: to the  of     '

tﬂalmtutamasﬂnﬂowgz  _   vv

Plaintiﬂb 1 to 4   the ﬁle.-. of 
. (.-_,q1;.) Vitttitnct  pomﬂon .n...d.
;...,.....=.... 1:95  the pia'iti's.i'.ﬁ"s and

for mean:     pmperuca' . Schcsciuie

pmpctrtv   N_o,5§ in Sy.No.69/69.

t'*

nine-rt-I-ed ~
,-.--e_.-.,.. :1-._. V4J.II.:' p....... ....at ,.............., !.I&.I.V.I.

def-.':--a:;daﬂt are iii':-1 A acuﬁﬁt

    pf iatc Narayana. The fitthcr of the pl'aintiﬂ's

 was possessing md enjoying the

  as his self-acquitted property. Namyann

   daughters by name M.N.Gangam1na and

 who an: mam'ed and Inn' 'ng in their

\-D

\}/J



husband's place. The father of the plaintﬂf and he 

developed the schedule property and   t

The schedule property is   _

tn"l}n1In and nnnniruul ht! lulu Mn:-n1rnn';'.': 
J 4"oI-'V-1 I.

VoIIuMu'&V-' I-Flul-I'-I» I-Y'-'I-'Inf.-In-I1-'Val 1'!-'V'-I-LI..'l.I-I.Ili.'_' 1-! V 91 -In-I-I ' 'nI'U'U' -I-I. I'-3-H-I-Ml '.'

and he waits? inifnfuired the   snot
contributed anything temagds ﬁie  the
life time of mu:  of land in
Sy.No.69/5 (9.   enjoyment and
since it   it yezfgiéot granted in his name
and the     land was contributed
  kinds and other properties
am .he    "he is .1-.e ﬁi-1'15: 9.

A.'I__     _I__.4. I'I'I_.!._4_!JI_ 0'! ____'I A _____ _______I__!_._.
tn¢.»}Jv§I.ﬂIliEu3 mu}-uemlutunt. ruuulma -3 anti -r wen: wvrlung

   No.3 is retired from the Army in the

 plainﬁﬂ tetixed fmm the Army in the

 l9<'§9.'Ti1e mother of the plnimihh and defendant died

 1937. The third and hurt]: phamutrs were

  E.gnnm money to the joint family' and joint family affmre'

xi"



wen: run by the defendant. Hence. the thin!  

plnintiﬂe were contributing their   -. K 

1 
t.. « »-.-

 of joint family eeneatttetttprepetty. , 

Inna than -ru-n-uni-I-II:-vi' '1'I-|"I- an In-aw   V'

ti'...-ad ne-.'.' heme .....-.1. w..e.,....e...... V... -gnu ,..».,e__._
wwﬁiﬁs c"at')ns'rr"1.i€2'ti6-n 6f the  h61it_§}e~».ci'r_1  ('If
Rs.80.000I- was  'r1te"'tciei'et:ti:t.».=tt;t  tm'§enngm' g
family property in the nhsence   The first
plnintiﬂwas  in   he was working
as tat   residing in the enme
village   income towards the
welfttre;../,ef- ivhhtstneee. The defendant taking
......-.'t=-.p..e#" ,9". _    ef the pl:-.én% ﬁ.!s.-xi. ...-1

____Ie_;.u__ 1-__: -.__V_.; _1- _ _ ____ _.o1____1 :_ n_- nu- An .l.E't'\__r\ A._
 I01'   3 (I715 I Iﬂlltl In. \'t5y-l"JoC"i'l', Dl.:ﬁ 10

e the  the plaintiffs eppeeed the  eppueetien

   legal notice on 1.5.95 to ptemtnre 3

4.  "iataintitre am in and am deemed to he in joint

  % en of the afomsmd' pmpettiee. . .'!'he defendant takJn' g

h  of the absence of the brothers and sisters are

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trying to me the entire plnint schedule  

income thereof in wasting and    K 

has been trvm__ ' g to cmea. -te false  

'Iuu.-A- !.iv'L.'.n.I. Ann. 1'-In-5 I-I'!-uVI.=

@m eLeI.I:here. En saith n H-I-I-t. the 

t}.ia:-fir ﬁiie share iii the    is
further avern.-xi that  1'  id "t1}ieinnte the
therefrom. It  3 and 4 are
entitled to ;1"f"§'.'i"!'V    schedule properly
with the   pmmed to that I.-.ﬁ'ect

and    ztieene proﬁts.

_   4, 'm»: aiiit 1€asA'ieeieted by the defendant by ﬁling the

 V'   relationship between the plaintiffs

    was admitted. It is averted in the written

Statement'  it is utter false to suggest that during the life

I'-3-rung I;-F  rnflnnr nwnuruinn kn run!'-1-I nmi an-I-Int: II'. 1 (115-nn_'n~I"
'..Inl-I-"a"  -15.55' Il".I.I'..'-I !.1..l.I.1JI.1.I..Il.1. W ,1. I

 SIy.I'io.69i5C2 and it' was in possession and

  enjoyment. It is also false to suggest that the income derived

W

V'   ' 63.";



out of the said land was oontﬂbuted towmds  

fund. It is incorrect to suggest that all the   

__v __.

er.-.1!'-;a.t_u.1I.t1.tI'_11.-d. pmgertiee of late  ,_ 

4 4.  ' . " ' '~
' "' "IL  U muuﬁ. '15 .I.I.u unto:  u.n.'-uuuu:-u

EU U1. 7
 or fourth pinintiffs nor "pinintii'r".
any amount to the oonsitngcﬁenitttbi; A' defendant
aloe put-up mnstntmioh  ;;_.1rhs of rupees
and plaintiffs :11s1td':~tO  their vacations
and spend    like a customer staying
in a  w'*e V the mmringee

x'-..'.!V..- .

.3 

fn -in"m
....,


rs
i
I
I
1
E
I
I
I
J
I

.._. " -...' .1 ' "  '
t tin t §.I-112'-EI'1':'i'T."I£.""-.}'.U ti-'..k'..1-r' advantage at' the aha:-.-at:-.

!'i'V'!'5Ti.I"'.I.

 w_ of the pihintift"  an nppiication for gmnt of one acre

A -»Sy.Nt3.59fV5-G_:2 to Tahsﬂdar is denied. It is avermcl that

   been allotted to the defendant on merits

 it  subject matter of the case and plaintiﬂis have

  I;0t._4_got'"nny right. title or interest in the said land. it is

 averted that plaintiﬂb have ac-quimd their

\<z».$L.
VV



pmperticas from and out of the amounts spent" 
defendant and as such. plaintiﬂs properties 1:tt1__1s'"t..:l3t_-.  '

to partition. It is also averted that as  «thetttmlg M gtaémi 

first and second pimntiﬁg  tit.-.-2i'x't:»tgi:t? : in the
ﬁrst and second schedtﬁt-I pmLpn§ﬁ;cs;:%«t it furthcr ave.-.rn.-d
that thcmaftct,Vas§:':ps_r  by the first and
second     right over the first
and  Rcgaztling the property

at itezix No.3,titi::;m;:~:1t¢ert.t§sv.::z~ec1 that be, out of his own toil

-...n.d. s!.I.....i-'-;§n..;;*.. r:.V.'*§9rI.=.-3 " -31  Inf 1 5.2-3 ----IE9;
1.._....,}_..... -m. -- n _ is LEI'! :.. 1.... -....... ncn ......: ......-._..a.....1 _
IJ -111.1113  .140.-.193'-J\-»2, fu. yrs; 1:n.u5 'l.l..IA.l uuuvI'.=: mu $11..

   __Im1d and appiieci to the Govcmmcnt for

"Irf%gz1ia19is:=tt§Qn;,.'The revenue authorities aft:-.1' cnqttily have

 and hence: the same cannot be a .-mbjcct

.   mattnrvdii this case as it is the self-acquimd pmpeny of the

' "'tiéi'e1idnnt and it is further averred that pltaintiffa have ﬁled

V



the suit only to wreck vengeance against the   

make wrongful gain and the Plaintiffs never'  _  

development of ﬁrat and second i€;ei:ne'o£_

defend __[I_' itnnnun-d the 01.3!' 0f   39:331. 

-.-~. 1. ---.-In--a 'hr 1- 1..-um. \a.|.-maul-5

..4.__I L-____ '. "_:__

defeﬁﬁret 11:" '''"\ie em nu ,  ',*f ssuit
 Dlvpﬁfties at item N06; 1.  of the
various document exoonted  they have
forfeited the Item of  in item Nos. 1
and 2 of   5   

    pleadings. the following
issues    court:

 .1)  prove that item No.3 of the

 V.  .,  etchedatlle tt?oé§"inVthe possession and enjoyment of late

     

t'   the c_1efend_:.:-I__t proves ﬂeet t..__. e_I.it item is

H .3; w 1:" or he pmveo that pitu'ntii'I"s have forfeited

  ffgoir ﬁght to items 1 and 2?

EMS.



4) Whether the plaintiﬂb axe entitled to " 

prayed for?

5) What decree and order'?

6. On behalf of the    
examined as PW. 1 and plnintiﬂ'  was   PW.2

and  also    end got marked

,.xg_a,P; to  on I.'.:c-ti'-3-n.f'I%ﬁV¢:D-'-¢v'.(,,"_'.:""  at-. . «.1 2: 

PWs.3 [A    after. considenn' g the
oontentiirn of  appearing for the partu-' .5

and _   and documentary evidence

 V.  hyaﬂnem  dated 30.10.93 answered the

 e.e.ie¢*;ner:-éyét-as fgaﬂows:

 N94' 1: 
u N6w.2_é Partly aﬁnnative and  negative.
Nb-".3: Negative.

3  I-'No.4 : Aﬁnnntive.

&=~»m v

No.5: As pergnier



3-

and accordingly. deemed the suit of the t 
only and held that each of them are entitled  M
in all the suit sohodltlc. pmpenics anti   

511.1311 be. m_n.d.r: it; o.vor_ar.\1vd.o_'r;a:ar_2 with 

........._4 ........| ..a_....._.. '.4_}:.__.:_.§..
ELI! unu «.u:=un:.::.. I.E!_'.'-.lI;*«I>..l.!.l.!. I. u

I'

.. .........a ' |._' ..'._ ..-...._.1' 1.:-
1' 'V. _. -f:=:V1I::u {ans

5
E.

'7. I have    for the

.-.=.1.'*'-,...,"....*=...'-t--{'.o&:-;r'.d.'£3;*£* sand mo  1-:;:u..-- v--wt ap"-*a.'i:-.3 for

the "mu-po'"'r:x'i=~:;;'1t§~_"§?3'§   3 anu'"" 4. Roopotxietlts
1 and   ooihnvcmd-Zddoofom the trial court have
not choose; "to this court though they won-.

 with  

  ootmoci appearing for the appI.-.iiant-

:"op1§:l1t1iit"i§t1bt§:1_'itted that the mm court has mud. in holding

theit'*~thc--..ple.itiﬁﬁ's 3 and 4 are entitled no 1/aw share in suit

   ﬁpmpcrtios. The lmrncd counsel submitted that

   on moon! including the cevidenoe of the defendant

l ..

\§Lx/"5



-In

gun.
IQ»

. and his witnesses would ckarly show that item 
schedule is. sy.No.s9/5r;:2 is the  --
the defendant. The said property has new  
favour of the defendant and  

I_I_n.,_utliorised1y cultivating tngtsmn  and'i.:ti1ie._'~ﬁathei- er  *

tirue p'iainti.*!'s and defen_e1__t was  in pcvssessiébn of the

said land.  aTu*e""t:9-t- eﬁntmi  .§h.r.Le '.111, the said
plainﬁﬂs  share in item
  given up their share in favour
of the  money in lieu of their share

 "mg-.   without looking into the oral and

   tuidutzed by the defendant has

 ._  th- iasttes  .5-.wI.I.. -1' t.._.  and

thmr;:n.~.., the judgment and decree passed 'by' the tr'.:.=-11 ecu. .

 .. is  to be set aside and the suit is iiabie ts be

it  dismissed.



g-I
I53

'EL  the  counsel appmlinﬁ' fhe

piaintiﬁa 3 and 4-respondents 3 and 4 i11.,   tnée'ea§pp-;¢1

submitted that plainﬁﬁb 1 and 2 __Who_ éhmﬁ-..H" ea, as CWs.1 and 2 have stated thaf':4tht-5* claiming any share. Defendmet " L' 1 and 2 are schedule that plninﬁﬂh have g5Vvt::11.Vfup 'thc:{_irvV.-u;;.u__'§ .11: ea".1i items I and 2 of the scl;edI.!_b "+f4.1~ efenciant in IL-.1 ,1' the '_3cw;'--.}£:i'vT§,ﬁ'VV.by4.4Vi'iaeit¢ not been proved. E?

' iofé. that father of the _. _ was also in posses. sion of item of ' also and the contention of the _ said pmperty «comprised in * .'Sy;-56.159/SQ? is fﬁe"'eeH'--tmqui1txl property of the defezgdzmt "11¢J:t"«.l;ieei1A~e._si;:.betanﬁated and thezefoze. the trial ca-3":-t h.-.=vea__ that t...e pl-.=.:'.':tLﬁ's 3 and 4 entitied to 113'" in a the aiii'- st'.-heciuie properties and A C the judgment and decme passed by the trial KSHJ5 j.. 4...... ...-.1..- :!__,g n-t Q ,0: interference in__ this $1' dc!-:A'z'rn..._,in!=I.fjr_m_ in .,th_1'g appeal an.'-':

an 1111...:-I...-. «>1-u. ﬁnd-inn nf I (',.(''.'!,'I_'' a that ~_ I ' " n [_l_|_Lr "J5 'Li 'WIC 'or pnopcrty was in possession and defendant has to I51-"JP'-"I1? 1'8 the self-ncquimtl property '-

2) Whr_,5tl1e§ .' thc;=._ﬁ1:(iiiig"'o:i:" mutt that the ta ;pTrevp"-"_th~¥jt p}m':ntiﬂ's have forfeited their taV%Aites;% pies;-1}+«n-1gpfitnc schedule property is of the court that plainﬂﬂs aze'~~:g;tit1cd' to 113-6 sham each in all the suit ' ,,¢5¢am= justiﬁed?

VA Q-;u.l.AV':_ £-...'I_....u.--ud- gaunt' 1-Igrw---d vunnnprl bl!' ' 5!! ucr um .I "am In an-M '-='-='-*~- 1-'""''-''-"" J u-;;.,; c:;9.._.. --- in this appeal? .A and the above points as bllowa:

n1..1':t_-;g __.w.-. proved that 59,3 AdfVt_he_V;5i.:1iIit sc!1ci1u1c k % Point No. 1: In the nﬂinnative. % Point No.2: In the niﬁrmative F'oint No.3: In the _ 'I"I roint No.4: in the negative f-in' 4'

11. POINTS No. 1 TO together since they "to avoid repetition. The Lnnbit of flies in :1 narrow comp;aséaAt.f1'he otﬁtg comprises of three items'!offﬁanﬂloittititeuin. tﬂzuk 'By No «5o,m9 m-mm-r--v 1 S_-,'.No.59,'79 m. an-1:.'i""g G.-25 {iris mt.-assuring 1 acme. The relation ahiong is not in dispute. The plaintiff's = the sons of Narayana. That having ' Tdefence taken by the defendant it is also clear . does not dispute that item 1105.1 and 2 of property belong to the father of the plaintiﬂis x V' .. the defendant and they are pmperties.

i. in, the sqvvr an -q'-var 3 and 4 have forfeited their right in respect of item' pl':

of schedule pmpcny as they were paid K to which they are entitled. So has pitem-3 g'_1'|I'IlI'{l'I'l'lI nrnmprlir in rvmnnnrnprl it ifhn lY\ﬂiﬂ!1i'.1ﬂﬂ ' 'ill. I V-II-'|u' Fl: Elk?'-'5 I-J II-1' \'*I.ra.|'I».'I.vJ. &&V'|c'I-E' \' '.'V.!-Id 'If. -l\n"«l.l ._.'I_._ I...

rattan' nus that azm""'1 fmirpc-1:.*t'y Wsaj:"e., .. 111 --1:cau"."<arr'p:}';aié%t; (if their father and in the abgca.'-nee of"ti1ti.: idefeiielant was cultivating the said Léoiitendod by the. defendant tpdtpppp dint.-Q gpphdduic property Vtitfreé._:w;§s"iiot in possession of his £m2.~.er'ff ..h«:.."; 'dtiiliitrated the said land has been granted to him and 'fn-iv, "inn;-1_ d'f'!'l'I"If nf an I') hand -nu I-uulgn nnirl 'I'VE 1:-Hair'-.'u: 54.1.1.-I.n. - |\.'.v--I» -I-I-I-I-I I J val: IJ'|--"!o the '.|"!' ﬁ.ne.._:11.:

?'1'1 pr-.'rsr::ru'1i invtwtnirnt-. {Tu r't 'iii 0 it :iE:€§01I!t§'t)f--tii€. joint Both the pm1ies-plaintiff's :3 and '.4: have lead defendant to substantiate their 'eontention. So far as plaintiffs 1 and 2 mt.-. H Aperaiicuaiiied. they have been examined as Gwen] 2 by the U"

court and they have. stated that the.-.y are. not " any share in the schedule pmpertics.

12. On behalf of the plajntixﬁ. pkiintiif *:~1¢5;.3§'.Lii1g:appa.n;A is examined as PW, 1. He. hasttnitgtntéii-,tIie in the plaint in his titntcvj in his evidence that his possession of

-.11 t c: three and land convnrted intp was in Army and he in the: year 1989. in item Nos. 1 and 23 being g1'ante:dLin Kfatrnttrw their: father. item No.3 has not been " V' 'fnvouré 6f'hVny person when the suit was ﬁled.

am doing ooolie work. Their father died in . Irina aﬂcr the In :5 .nd. after tll.-1'. of the piaintiﬁa and sisters am Inarricd. has furthcx deposed in his evidence that all ofthcm have ~33' cultivated the land and he has also contnlbuted development of the land belonging to the ' 1'11 the suit schedule pmperty wat?t'J($5t1tstt11etecl« 1990 am 1;: has 3139 made t'11e"~. 4.1.- ......'..1 |.........--t, ..'.~.,.: .........:.:.._..;.a..'...". .e.L~... .;;.;...+ .4-

- 1.1 l..l!.'LlﬂC--v_l.I.l.k.'!.>I. I1.' wt. 'I.u~.I,(u_: nu g.u.u.u. 1 land comprised in item' 'wrist.

No.4 and the name of himself. They have sent notice to suit as per Ex.P1.

He    extract. Ex. P3-postal
  of notice and he has

   to P29.)-MO

unbwglrurrlwannfhﬁnggf na1|11r1g__n rd-\-I' "\l§Il";'l'|l'I' will-In-I'tnnr' F111: l'3II'Il\'I'I!'I'.' can 'ﬂu-*:'*-W" -lu'Lu"\-IuE'.'J-I-I.'-u' 15- W-'{u'v"-I J -I'-II ll-Wu'-V-I:-II -I-'-"W-'\'-IVWu"ul 'I-I'-' W.'-Ill'-"»IIl' V?"-uhlulpls . i.'iIl,.EiC=!'_A!2E1i.JI1(e'y.vOIti€I' in the name of the defendant. it is eIi¢.ited"i§i~»'.t;i:2e;':;'¢3ii::ss-examination that when his father died. fotirth was aged 11 years. He does not kznow as to whethe-r "his father was suﬂ'ering from epilepsy and was ' \9' L. unable: to work. It is further elicited that he '' upto 7.». standard. He has denied the suggegtidnathﬁitll L fa.t1_1c.1' Lag diicmaclicd upon the stvif l1czVdéca_ 'Jun-inn-III I-'n I-'.I..I'..'VV l.l.l.'CI- dale-. U11 un- favotlr of his father. it is eiiéi:ec; examination that it is 1::t;~tV t111a:=l"ti>'A.si?s_:tis'gVVgV;i,&.~.a_s.yt Vgmothcr was not well and she Jciticl 1 and 2 an-. residing 13-14 years.

They have ndt their share. yer: Ha.-. was mot:-.i.ving _ __aftcr deduction while he was 1092? He has i E S E I II 5 in E V " Vv ihaf he is st:-.*d"§ "Ir arrrtirlt his mother and and not towmtls V suit schedule lands and that since it V iv --V for his wife and mother go to and collect H K order from Post Oﬂim phc. was .-.u.-nding the V aiatiuilt in the name.-. of the. defendant. He has dcnicd \/W' L. 20 suggestion that his with is not well and "

sending the. amount to meet the expenses ' his wife and mothor. It is mum-sr in; Q Ea- \=._,_ minatirm thI3.t his with is w-1-r.'.;. -i'--_i ».\Ji!-:§1vi'::,':'t: "

uopuumom o 3 a Wﬁltlﬁﬁu He Bank of itiysou.-. at Htmstur. i-Sis" in the year 1994 and she the time of It is__ ' wife is working has denied the suggestion. Army then.-. was :1 a notiot;-. to attend the panchayathi; Hf: t.ht.=.t the la:-_d_ i.- ::,n.I.r grnntmt

-. _ no'... 1119-1.-In _A.--.

3.. €_.l'.'__..I .._A.. _....'I is .2 _ -_ l_.'....._..I.I.' _ I11 IIIIITIJUI '-J1 ILIC» 'E-'!,'+.'I.l.T-.l.l1.Ii.:I.l..I.I l.'I.l.l.l ll 1 [I C l.l.ll'I.l .lI.I.l.I.l|5C.'-ll 7. have objections for grant of iom: in It is further elicited in his eman- 3 _ he had sent a notice stating that land at " t 1* oto";m-.m%%No.3:t should be onottod in favour otjploinmro :3 and 4 eatiti -the defendant and not cxcltmivcly in favour of the \0...X vv defendant. It is further elicited in his cmss "

the land comprised in item Nos. 1 and 2 yieuaseéo M' ooﬂbc and not 5-6 bags of ooﬂbc asi §i1gcgsi§d..; 4-11':-vii-pal -I i nwsng-nlrn innﬁn is.-:1; 1"

'I.vJ.l'I.-.l.\I.ﬂt.I. J-ll. 11;': V..«.u-st-ma Va!-l'I.Il.I.lq.|..l.u.nI|¢I.I.ax-was ua.nn.~-u_. as

0. i3'''''' if"t';'t, {ii .

ﬁt ﬁo.3 He dies not as 't.r=:>""1r.}.I*.VI.:t':'§4!c"liV'4'5.1r.._ti1«:-.ttiefezn-tiiant has made: an application :0.» in ita.-.m No.3 on 12.8._9l.;:Viic that since. the extent «if .59 to himself and ﬁby receiving amount of Rs.5o,(2oo.r- Rs.50.000_I- in mapect of » I and 2 of the schoduicr property. iic has __tii§$"i§t1ggestian that himself and fourth plainﬂﬂ ' Rs.20.000/- from him and executed received V. naval' thiitﬁoompmminc. entered into on 18.3.95 and balance:

\-«N of Rs.30.0D0/- was paid for which he. 5 not \_,9.J. i. 'i'..z-at i' e.xeeuti91% the receipt and that plainﬁﬂ received Rs.30,000/- subaecluently. The E. _-t in. his -- -_ p1.ei_n_t1'!' Next was 11;

n', 5 .

,3 in the pa-.--.e-.5-.;-e.=.-.~.,gs on 12; :5: ia4:€-ufther ee:.~r:a: *= cross-e.xumuu1' tion that 'ﬂout for granting item No.3 int of the defendant after the shame in the family the suggestion that the la::nti"v- unauthorisedly and be evicted» the uuctiy 'unauthorised cultivation of of to h....'--. has ﬂee est'.-".5"-.;.,et*.<.*:*. that pk-u..--t:ﬁ's 1 and 2 tem $503.1 and 2': in favour of the »glefendunt, is further elicited in his emee-examination 't1tut,it Vvisttviiat to suggest that himself and platntiﬂ' No.4 their right in the family pmperties and they H have given-up their right in respect of family pmpertiee by the amount in lieu of the shale. It is further Hz»./"s 'I'D' elicited in his cI'0ss~ex£_unination that his possession of the schedule land about 10- ' death.

13. PW.2 is plnintiif Nce.e4oagao1x{1;-eﬁe hae'v:eou§obo1eited » the evidence of PW.1 and " {was also sending the amount fttzgffotjltixragiouzi schedule lands .!1 t11_-.t :... :...1.. : ,.--'ﬂ.'~' .l.l.l. m = -i§.."'l'T""' _ M 1!.


I511

shame    Exs.r"*.i'n'i and mi --

Ireeipfs of Luﬁkling material and he was also the defendant for cultivation of the Aland ._ thafv'*his iiiiother was receiving Re. l50l- per V' . mozogthi-."oHe"o-has moeipta as per Exe.P.':\-'3 to 36. The item N03 has not been allotted to his it poeeeeeiox; of plninﬁﬂ' No.3 and the ' A -1- ant' I-11:: Inna: nnrnrniv;-Qt' 1'-rt {fawn ('I Q Inna

- I. \.- I 1 \.'v\.- -r. :

Lu.|.\.I. I..t.u.« u.1.I..I.I..I. veuyzsml nu. nu.-.:.u w u oolivﬁerted into a paddy innci and now there is a ooﬁee piant the said land. It is elicited that he cannot idcnuizy the \) \r signature. in the sale. data cxccttted by plaintiff K per Ex.Dl3. It is further elicited that he. was when his father died. He was smdS?5iig"in e:-.'pih.:p"y r-'-2*': hi" -"ether S't.'¢';'¥t'-'i"-Z""»,- '§;a."alysis. '3-is ...;';;".-nltt-.:..-'1 that his wife is working it ﬁuthsi"

in his cmss-cxttminatioti No.3 was a paddy land. Hef1:ia_s tttst land was being cultivated Mr that since thy.-.y could it of water they had left started cultivating the said Inﬂd nndiiggndg-.. lb! gﬂlllt of and that it t"'i" t" ' ' "M" '*-"' No.3 1* " "mt ' is dei'~t=rudant" in It .1:-r335; I iu;::.u 113... u.u.'u. » gmnttrd absolutely as owner. it is furthc.-.r' eeiicitc:-d in __ ation that it is true that land comprised' ' in 1't"3t:Jt3' 'tvas allotted to the. defendant that they have appeal before the Assistant Commissioner against ' grant. It is furthcr elicited that it is not true to v' that tits fatty;-.:'*--g_éas sttﬁedng " ._ suggest that since he getmtezager extent of land Re.50.000]- as per the compromise V'

-..<-nw.n.= an. '9 '-

t-vemm-I! :1.-zzipt for Ret30,l_)()t_),f- . L . '. . . V .. .' ~.

1113 1]g.l.!'l' In .I.'«'.3!!1JUUt U1 IIC-LIV}. nu.-r:.?._ q3i._u.u 4:: G-..u. -..~~..u...'m,» pmpertiee. He has aieo Vﬁpﬁﬁ' fmm Rs.2D,000l-- he tt;iib9tlntﬁef'Rs;i§tO,fIX)/ - in etush from the aerendaist their right to claim theilj, ef the schedule properties property with the cf the étefeadiint.

and he has depeeed. in his tltat the plninﬁﬁe and the defendant. . V. = the properties in possession of N.::a'av_ ' ', of plaintifﬁs and the defendant. Plmnurrs 3 and have iv:-.ttiﬁ1ed.. Lara-:1 vTw'.1'-E:i"Ji'iﬁu':'a".": in items 1 mm'. a -... theafnchedule property 30 to 40 bags of coffee seen. '15 tfand paddy was grown by thther of plm':_ntiﬂ'e and the \1"

defendant. It is elicited in his cm.-ms-cxmmilaation "

worldng as teacher in the school situated pytﬁe gm Ear pisnri land ofitcm No.3 ofthe ucmgaitte % ., I._aii.'I.I..n.te§. that pkmvﬁ 3 9...?-.4. 4 I-"V§'._sL.v,-':12.-.1~.ts; -=~'-i~"v ti.-V 'has. "

_'I-..£_..I LI..- A.'I.. 'J. I. _.. .._.._4.:-._ .2, .".L~ _: v.__- ' .:_|". ucumu um an 531.'-nu 11 u.l.l:ll us: 1, lﬁfxfmnﬁg ntuf f3 ﬁ'.'11j Ifhintiﬁs 3 and 4. It if: elven.

examination that ainoe' l5_' the date. of deposition Qua; cultivating the scheduﬁd in-his moss-

Fv!§.€{ﬁv§as- a..lbI;nnn land and plm'ntiﬂ'a and dc;f¢nd§\nf,?§'v'~fg§;tfl:1:cr_ that land in the paddy 1 mt He 1:1.-.;..z3".!.2-.--g¢.!.-25¢;-.1.-n pLn.;-r.!i*.'t'-.s 4% 91:4 5 changes ma 3-' . farfeiieﬁ ﬂit)' ﬁe": I aiﬂu at 'f scheuﬁiie prrnpeﬁir:-.1:

in their share in respect of the ache.-.d1fl:= m"A.=D'|J\Ill)':i)'| I-nu-an Aﬁlﬂdﬁﬁﬂ 1' his gnniplnuu-spun; I~ nud- '-Vt.' I1 lIJ!.'VI..'I.l.I.'l.l'.l. HI-"§ KIX' l I-I-Iv LIE C«V.ll.l!7-.I.-".71.:

'. i::.I:_ a resident' of Kmmr viiiage. and he kn:-.w ﬁither of and defendant-Nmtayan. Namyan was his muck-.. \..«.«> 27 Namyan was in possession of the achedtllﬁ Sy.No.69-5C measuring 1 acre and was; " in posacs_ aion of Nmny_nna--ﬁithc¢r §)f

-1._.I-..1- _.._. '. .1... .__.....¢. :..'..p.._;.'. maumuum ﬁ1UpI':".i"i? ahmit 4:') ya-Lg.» an --- §..ll'.'-I!J_I'!_'3 3 and 4 " after retirement and they gmulopment of the schedule k mm' ation that he is is furthc_-.r elicited that 'i4§.nd"§Qomp1is¢d in item No.3 into next before the date of his he hm

4.-1

-1-nmi:-'m;»; %:--3;4j9s;, h.§§;€3 dc-.1Led. suggc-.;ti.L!n ¢I..:,.n.¢ '5-I 'Er ~.r v.r¢.s-aw ¢ -1: |..._...I ________.-.___-u 2.. .u._._..._ I I 111111.! (.'~O!.Il.])l'1BM.7{l ll! lIl'.'»Il.I. % :j~ae.3 ofvAtE1¢aié"E1Ig:d11h pmpeny. He has admitted that piaintiff N€_i3Ai"s' Thithimnthi and plm'ntiﬁ' No.4 is staying in i'ca11u%I§%ami , .16. Defendant is cxammcx.1' ' as E'J"w'.i and he has ijsitmuted the avermcnts made. in the written statement in his catamitmtion-in-chief and has stated that of the schedule pmpcertics were in possessiafh _ and item No.3 of the schedule. is nnn-nnmhr If H . .

'J I I ' V' E'? -C'D"f' E Q ' 1.95' ' ' V -':HI 'C:-LH-' '"'-W P. $"""""'l!*..!"..d .!"£."' V 3"

_ 'I_..__._'l ._.___'I L iﬁté may Inna cl n-xeaﬁ-rtfw-s land. His father was s1T1'.Ti;-x.Iing~A'i;1'$Vi3z:psy .«-liihcte. yt-4:195», his mother after the the; was not well.

Plaintﬂf .Nc§.3 No.4 was ngetl nine. t:g1tatej§£t¢iém~tl.tor his father and after -the death mg his mother-are looking .aft'er V he was: in the land of others on contract hatsiq to plainﬁifs 3 and 4 and constructecl a

-.'-9 H e.-rev-rl "41- §£'_...;"."'.,t'.'J= hdltstz the scheadulc. property. Plaintiffs '3 -4' R j-minted they did not make. any <.\on_tn'_bution for the ' .Iht1ni1gc.ment of the. family lands or for the dam-.lopmcnt_ of Kr"

_ '.1 29 the-. same. He has furthcr dcposcxl that agmcd to mccivc amount of Rs.50.000/- jg:

shame in items 1 and 2 of the an!" 91' I' 131' IHIIIIH bun ¢h€';l'I"§'.Il'l'a"|ILlJ§l'I has II-IBIS Yv'I.rI.Il\I Iv V I.I.\.-I.I.'_'_I\l I-!J.«II-..|ulI.- 1f'J|-PVI-IV-I 'Fa"'--' .' meager arnd that fhﬁﬁﬁh thejw. tiave cxecutcd document in :4 hatu?c"not}c.-xcceutexi any document. He has receiving the amount tum; and 4 have mnsmmtcﬁﬁoaao ' ttas allotted to them as been allotted land in ltouac in 20 cents of out ,,........u .. .,._..=. ......., of Rc.5Q;!3{,)f.3{.e and ninama _9q pm. ..a..n oo12"'i'aE§'t1u"'('-ﬁtiati the'-'no'_i1sc.aﬁc'r mo" Rs.5t'i.tﬂ1""'5i - 110' In »A in item Noo.1 and 2 of the A 1 and 2 have executed an}: dead as Ex;:o13'7scning 50 cents of land which would fall to their Aaham items 1 and 2 in his favour. Wife. of plainﬁﬂ No.3 ' snot wcll. his mother was also not well, the amount was KR' sent by plm'ntiﬁ' No.3 to meet the expenses of his wife and mother. Item No.3 is a K Laﬁ-

--UJ'-I I In I- In vuunu-| urn It-r . ..-an". for '..-_.r.$ of -=*-if an F said land got cuitivatea property is the self-ac:z1:1i1'ed.VAo-.(1And ii gmwn wife: in item No.3 of .1... {Ind plnintiﬁs 3 and 4 have acquisition of the said land the said land and they have. item No.3 of the the defendant. His fathcr had . VFW.' mm not item of the s.I.cel-.--*.....1-.1-:2 paw--rhr r-mi plaizzﬁﬁo have not right in the iieii i'v'o..':'s of tho. »' moasuring 1 He has produced by plaintiﬂ' No.3 for Rs.20.000/-. He has piodtiooii tho me dead oxccutod by plointiﬂis 1 and 2 as per E1;._l.) 13'"ond mocipt executed by plaint1'ﬁ' No.4 on per Ex.D23 of their sham in the joint family properties. He has \M was in possession of further deposed that he was getting land. of on vam basis and on contract basis and he woo' _ V'

-11-; '_._nd. be.-.1on.gi.n_g to D2-3' land has not been menﬁooeﬁ.o.ph/in, .1?' is elicited in his cmsa-exrimjpatioﬁ was pttmhnsed by He paid Rs.30,0()g'_ 'has no receipt was present when the amount the suggestion that he-. the '.oi"th¢ pllrposc of this case. 5' € ;3.IV) § Am1a1ah' has dcpmed in his

- inﬂ 9 that he knows the plmntiﬂs and :tVI1_c.u their father Narayana. He.-. came. to we Ii V1.1 -.- -.-mun. rl can J -. .. ~ .- I' I 4.3 -..4..--1.:;,¢.;1 ..t..m._¢ m 59 .- ' 'hf up 1950 1 .. .1 1 u. '2: ('J-f ﬂiiﬂ 9! F:

.... I1 ..

.-JJJ. IV Ll soliéﬂtlk properties and he ciied about 3?. to 3 years after '(teeming to Kanur. Defendant was c-.u1tivatiI'1g the land of \ ﬁx V othc.-.113 on contract basis and item No.3 has favour of the defendant. He. has further K of his cxamination--in-chis.éfm'that ._iit..'-In-S N§j.:3 was nnianrvi Inna-I 4:-n1-I-in-r 1'1' urns: Fnrns. '1'1rl' ' N Iran " ]_JI.l.lﬁ¥I.I.-l-I- Jl.!.|.l.'l..l.5 H.-1..I.I.J.u\.-1. .|.L rrsuuv I.-L7-n,-.--.a-1-In.s.a|-L-__w.I.r --Vv g. _ Q..___". __ ; 'L _ -1' I. VEII'isD1lB Lands info 1 'ﬁe.'"----i._ w 1_ c'a:,§-?w.»tur 'E watcr he. had left it ﬂ ams~*'éi1dtivated by Poovaiah for one cultivated by Dcvaiah for f;gne.?.Qygear. cultivation of land for "9-__a.f started cultivation of item' into a. coﬂhe land and =2;.n_ve=. suit schedule pmpmy. He has f-._'.rt....-.-P. cl.-sages." 'hat 3}.-amt-.ﬁ's and 4 been pa." » 'mgrectttcd receipt in that 'behalf'. It is elicited in that it is not true to suggest that item N-aiﬁ the property acquired by the. defendant. It is '*fr.11fthc-Vi ﬁcelicited that he does not know as to whether 3 and 4 have also ptuchascd the building \3~' 33 materials for construction of the house in schedttls"

is spec'.Iﬁc'.' ally elicited in his further close-exa.Vmm__f" H in 1959 item No.3 of the scht§i'it.tle"'Q1i§;Jear't3tV:_"

1...": _._.._1 4-:___..._.1:.._' 1.- I_n _u. |___'_._;;;. __ .1" a.___-i ._ _" ;1_.. 3.111" 1115.! IHUIEHIUI I-1 ' I51'. 1' 16111.1.'-(.1 H111'-

'l"'"hen-. was before amount was paid to jt €n:_ts agreed that balance amount of to plnintiﬂ's 3 and 4 tewtiidst» "~i_11::._:ite_r:1s 1 and 2 of the 1d; the brother-in--1aw of plaintiﬂs and 11¢ tlie husband of Poovnmma second V' sister of plaintiffs and defendant. his examination-in-chief that after the ', nnnnnmﬂnd I: (I'll! .,1.I.I.vln.-J. \.§.'U'; L13 51.1-r'II'.« degatii 9!. d d deiesdsnt managed the _:_=-_.i_l,v the marriage of sisters. "i"'nem was no cuiiivation 1 new 25 cents of land during the life time of Namynna \j?~d~ and mm was managed by the defendant has put-up a house in item Nos. 1 and 2 of by spending amount and m1rn1irnrl nvnnnrtv !_1,_1_1_g.i_ i_p_ {mm in; "__:_=..I}. gr.-.1-.te.:'. to the defe.-rntirunt -w-as has been convened by ~t.i;_¢ and thereafter to ooﬁee depoﬂﬁd that plnintiﬂb 3 their shale in the family defendant and they share and defendant paid '.3'iand 4. P1aintiﬁ' No.3 signed the receipt t._a1;€.i p.i.«:i.1.itit.'£' 1;. net stoned. .11.... ..'.:.. ef each shouki be paid to 3 and 4 in emit»: in the family properties. 1: is elicited in hie""'*mue:e-tﬁemination that all the three items of the : pmperties have a common fence. It is further it: his ewes-examination that pktixitiﬂb 3 and 4 \o.Q_ \;"'V 35 when they were in Army, were sending amo11n.$.._t¢..fi:é:Sf"

mother and wife. He has denied suggestion ' was not in possession of item No.3 Mfhk.-L If in Iv-H11-r nl-inifnﬂ -111 hi: n-nnu Q

- -I-I-V -ELI} I-I-I"-'bl '-'I"0""-0'-rl -I-5-I -I-ll-'J VJ-I-V--"II? ¥"¥'m""'V between 13it.un'iifI°s 3 and 4 was ﬂag?" 11'.'-Cl, 'mm " to

19. Dw.4-c.B.M;it:m§ga .Aia::sjv.%'Aj'ca«-,poaed in his

- T. _.... c-s..1...1-..=" E1.--'....1.;-, 3: _.' ' 3r.=vi.1. mun iii €'5ﬁ.l.].g.ﬂj.t1;., Ki. ll! =_vu.:t deposed that V:mi1o:Vt i§,gV tl1c piaintiffs and the defcndafint di.§f§1.s§i_fe _ in of the schmlule pmpe.rty £21:-:s% in the proceedings book maintained 11:-. ' hub the same as per Ex.P33 " " ..ci1t1-'_sVréiéi"itiarkuc! as Ex. mam) and $3.30)) is the:

defendant has paid Rs. 1,000 l- to the:

t e ..in"nB.1.'!II'E'- f the Pmsidcnt of t1I.l'.'- not mentioned in Ex.1")3:3(a) extent of hand is also not xew mentioned. He has denied the suggestion " pmeeedings took place.

20. DW.5-Basavamju was ~' Gmma Panclmyat, Kanur r;i1_d~.. Vxhals that he knows .. the and there was a among' and the w.-.-a-..--n.-- 1: Vi ...n.-.-.» w. -1-: ru"vﬁ'-'ow-d|.', -- - -. w. -an-rv -u. van- (1 . nﬂ _1_|_ Il7h' II!' 5 . ﬁnm 'prﬁ P€os.?3'_tif-iy the pmﬁﬁy. it is elicited ':'tio11ﬂ;tiiat he does not know the was no discussion mgmdixlg the panchnyat proceedings. It is jﬁttthellr tliatlilo pmeeedings took place in the V' and mine 'is deposing falsely. .fl,A2l1.l'l'.ow.l54sanesh was working as soA., in Talulc has pmduc-4.-d the papers pertcdning to item V. I\'<.r..3_ the schedule property as per Ex.D35 and got Ex.o35(a) to (r ). It is elicited in his cross- \s..3,;

\./"'.

«I exalzniaation that defendant had given an " - grant of land on 29.6.1990 and plaintiffs 3 d for gmn_ t of land in favour of the de£¢':§&!ane.e.§ H, we HI ﬂu: an nan-r Rx n.'-lﬁﬂul if in I'\II'."!'.h'!.Ig'. encmached by plaainﬁiffags 111: deteutidnt and land in item No.3 was and was found to be in_ ;m2. is the sale deed execttgetidd' "I of _plaint1'ﬂ' No.3 and ttptheir share 50 cents in the scheddk by plninﬁﬂs 1 and 2 as the q._-aw.-a.-'-u-v 1.. 3... _. -our -II-no----' slm-.:e wh.'k}--h_ "in vlrlms-age-22 Exsgﬂlé -.nd am th". ruzcﬁcuﬁli' 77'' to have he-.-'.'.n exenﬁiitai Err" '"ic."uu"""'*m:.e. iii VAE:xe.D survey numbers have not been stated and d"'i?1éL'dD;%3V'ir§h_x19t' by defendant No.4 and revenue stamp I is cancelled and Ex.Dl4 beam .-ngnn' tune of .. No.3 and said that Re.20.000]- has been \:U' .r O ﬁom the defendant. In the said receipt also. of the survey number and the land is not mentiooéntl. '

22. It is elm': on appreciation on record. that though the .:'{hot * Nomyan-father of the was in possession of items 5.2 No.3 of the property. fh-:2 _ho.s'p"o'$ '. --ib-'tcoiﬁ.a€u-d. _ 11 the other hand. the of the defendant must{hm_re_A tI§ot.'VV_1end comprised in item No.3 of Sy.No.tfi9[S!3 was also in possession of Noxoyaoa-&io..:fother of plnintiﬁb and defendant as DW2 % kA - naammm in 1ii"a'L"'e:v£amin:ttion-in-chief itself in pom-7 of item No.3 was a poioari property 4-_-arlier. 'A -.wae ,.fo:"oetl:=.:-.11 9.2.. N-..-._I,r.,oo. oonverted. it mto _po.d.dy woo} in possession of item No.3 of pmpeﬁy ' fsinoe 1959 and he had grown mgi in the said land. or , (iﬁf6I%§£'iaIi'i "i""nc further' of the defendant that tn:

The contention of the defendant that land comprises!' " No.3 of Sy.No.69l5C1 mcasurine 1

7 ion of Narayana has not 's:1bs_tat1t..it1_'tsci.. 1.1.! I VI

-'""-.-"m' *-'...a.-.'.-.:-. M DWs.1 9.3:! 2 as tl-gs * ' on beiisif of the tfist._iafié'i_: BIT"V-iflﬁ cultivated by one poov-mil andiittitttittafsndttﬁt"'tItspasscd into the land and staitsii said land and the land is his own right has also the cvidc.-«nee. of PWs.1 witncsscs as mfenﬂed to is which is oonobomtccl by +1-. --'-'-vi'-V'-'~.-2 VA .';.""-.1.'-V;-:.A'3"-.=;~"t'J" '3' "'.'"=..':-.:'.'.-.m M' **-.*m' at' the VA item No.3 was granted to him and he has sﬁzotitityiiof Rs.3.489]- out of his own income has substantiated though he has stated in his H cezrtiiisncéé' 'that he was cultivating the land of othms on B. it basis and was lmvixig his own income-.. Hf: has \_3-..,/'s nowhere stated in his evidence that the "

for giant of item No.3 of the schedule pmpeny5e.ej;.iejiexieure ei L was gait! out of his separate iii"

-1 V'; q.-vs.-w.r.-.-uu 1.14;': _1.r4uI-- Inna».- d . .._-. area in favourof the ciefei1dant_ant1.Afhee. favour of the defendant was of the unit. 011 the other'.Vhai1ci. upemeal of the material on 2 have left the village and plaintiffs 3 and 4 the defendant who wee in tr: 1.4-la-u.ra mu-Io-v.~n I. I- I-U.Iql'lol 5. \ -I.aI 'J1!-I ieiiow any independent income of own to pay of land. The material on record shows V it . that"*the..' land was in poeeeeeion of father of plaintiﬂi! defendant in 1959 itself and thexefoie. it ie clear that of the trial court that item No.3 is akin property I-9.

vv

1. hernn _'__I_ 1111-run-rrl t which was in possession of ﬁithsr of "

defendant has railed to pmve that it is his ' promrty is justified. So far as theinntis 11._0l'Ii1Jl'i£iIAi:V:I_ii'!°3_ii. N03,] and 2 £ the: sci'...-.dnL= defendant tttimits fhaf fhey is Naraynnn. He also admits' in the said pmpcrtics. 1 and 2 cxscttted at their share.-. in item Nos.1 It is the fuxthcr (-_-113g-_ of 3 and 4 have also rorreited.1theirvtd;gt5tVd» .3: their share in respect of V 4. $5554.' \. - 1.:-a. $.71.-Lu. 'J I..u..r 'Aug '.555 -u.--..--u.I. 5-J Hint-n3 'I 983 t\1'fI'I'\ll1"fIf nu ﬂu-Ir nmwnﬂ In x jzigtaving to the meager extent of land 1 as their share. The said contention is not 'V V' .V at sttlistttiitiatsd. It is also clear from the perusal of the salt.-. deed produced by the defendant as per '£r.it';tt»i3 dated 28.4.1976 that said sale deed is not exeettted \nL \,M.2= PR exclusively in favour of the defendant and that executed by plaintiff's I and 2 in favour of second son of Natayan and not of t .

defendant. '.".Le tune.-1 snug'! has I--I3!-l.1.lJ,I' mm. a __-1-..... 2 __ 4':41;~~;n 4.- +''---''~-- "'19 'L' Eﬁti 4 arid fiéféunan 13 cf: to schedule properties as" :4 2 'ettamhted before the court as CWs}l stated that they are not__ share in the schedule thewﬁnding of the mat court that .3 am entitled to 113v-I inf is justiﬂcd. In any View an the.-.-

j! v M'.

ﬁlter, lpLht_'l*..fs 1 and 2 h:w- -.v-Mr--n is .»T'::'\HS;' and have stated that they are not any share of the schedule properties and confer any title in favour of the defendant in the sham of plaintiff's 1 and 2 exclusively in their share in items I and 2 of the seheclule l It is clear that the said document is not helpful to l L WV'! 43 the defendant to contend in the present ease. '' case of the defendant that plaintiffs 3 mt 4 HI"l£3tt'1i:11§:VA_1'!:E.xgnE<i't'(IV~"'..'d A' to the meager share which they itetne x27ofd."'. f9__-rp_iI_y }__1-grunt-rfit-an nargtt-H tn . i (if their hat"e *3 iii" "rt eontentieti that he 1eeeipt~it":xe.f)l4 and 23 to plaintiffs 3 Re..30.0fJ0/ - was paid ettbeequenttlgt for and 4 did not produce _:the3tmtvo1tlci execute the conveyance en zecord shows that 3 exteettted any conveyance deed. even to the .'Rs.3D.f)t'K'!j«. to have been by the defendants to F'u.rther, the receipts Exe.D14 and 231s not ttetgttttt to the defendant in the pmscnt case to :,ﬂ:(".01E'..I_'f.'-I1li"' that PWs.3 and 4 have forfeited their right in of items 1 and 2 of the properties as EX.D23 does \t.§;_ \/\,* not bear the.-. signature and Ex.D14 beam the plaintiff No.3 which does not any that the _A mot.-tived in lieu of their share \- -t.-uhv--no-t.v r'QV-'r'hI*Q 'J -9 nvuuiaujl n , n-nnnprhr nd fhﬂ nnpniﬁn, at' that, ﬁt-gﬁ-gn .. ......... ..... ...,_.,..-..... __m...._.. .. ..,_._. 'VaI|V&QI-1. .L'I__.A. _.I___.|..!.EI.'... fl _._..1 A I___-... __'..._.'._:'_~1_ 4.- _.V.'_._ -;,..._ 2'5 _'__ L[.l["[ plﬂlllunﬁ I3 £'I.l1l.l 'V l.ll'lVI:'- l1gl75>E4.i'>l(J 1: 111 items 1 and 2 of the Rtt.5ﬁg0f3(j]- each and not att.2o.ooo/- t\a1'1t:l.t_"0t't:l~t'=rt:t':.ft)1r__-its production of Exs.D 14 an 2:} the defendant gji' "I1"'~ to contend gfhttf 4 tttttu,-. tottt-mt their right in IE8-p£'A'.'-'.l'='~Dfv 2 of the achcdtlle. pmpefty as it that any relinqttishment of thetjc _its'«.n-9 '~--sft1ch document in the. present case and 't1Att§';1'_t.'.'fA'()VVI.Et.tV"_"_v»it clear that am defendant lttttt rttﬂttt to sut$t:»*ttz1t::t'1'.ct't't*;}': the. contention that plainﬁﬂs 3 and 4 have f'O?£f_'t'.itc!ti"i" 'their. right in mapcct of itttntts 1 and :2 of the t property and acootthngly. the lands mmprmt-d' in wt' 45 items 1 and 2 of the schedule property have to joint family properties in which plainﬁﬁs 3 dcfegdant have got. thceir '. ' vVr:sn T nnnonnncgini-inc' :1'. 'HQ th'§l'\IIQ_ Q3" vunfgviigl , ' 2-u ' ' C'!'kFlG\.'.H-'1.'-I-W-'ul-I 'J1. I-I-1'-' C-'IJHPVW-P C'.-1-I'-I Jr'~'L"'o"-lL¢~!- -I-Wuv'-"-7.3'-l~ 4|'-If-'TS SW1!"

mlived at the oonciusion ﬁ1'£'€';!:VV..62iE:i'I:I1V.¢.ii'l1.1_Vf to stlbstantintc that plain%ii!i§ 3 mt.-.ir right in Inspect of their shanéf «;_>_._f the scho.-.du'lc pmperty whigen prgapemes and mm plaintiﬁs have" cf the said property is also ﬂderamziant has failed to prove that p1V;mn::rgk3 ';s;n;¢:::§ t11ci_'r right i_11 of

-' I -I-I-an 2 0 Ar {'31: an}:-A1115 -r\-can-tn-Ill-Ir 'l'I-In I315'-uL' 'an! L,'-L'-I-'I53 . L1-L5-®.ls '-9' '.13 'I-II.' 3\.'.I..I'--'-I'.I£\.I IL!!!'-'I 'Jr I ll'.-

, '_ to file. matcrini __thc ﬁnding arrived at by the trial court be suﬂ'cring from error appamnt on the V --V so as to cal1'for-intertbrence in this appeal. {answer the points for detctmitmtiaon and pom " ftillowing older:

The appeal is dismissed with costs. The "

decree passed by the Court of Judge K in 0.S.No.80_l96 is conﬁrmed.

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Karnataka High Court