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5. 1923=1660 (House) Rs. 9,000-00

6. 1367 = 1193 (House) Rs. 10,000-00

7. 1935 = 1669(House) Rs. 5,000-00 _____________________________________________________________________ (III) Properties situated at Belgaum

1. M.H. No. 203/235 Hindwadi-Belgaum Rs. 2,00,000-00

2. M.H. No. 687/1, Ravivarpeth Rs. 1,00,000-00

3. M.H. No. 764/8A (Angol Mal) Rs. 1,50,000-00

4. M.H. No. CTS No. 1551 Open Space Hindwadi, Belgaum Rs. 30,000-00 (IV) The suit undivided Hindu family business at Belgaum

1. Mahaveer Trading Company, firm in the Shop No. 843 in Raviwarpeth, including Capital goods and turnover Rs. 1000-00

2. Indu Oil Company in Shop No. 677 firm Rs. 1000-00

3. Trade in Oil in the name of Srikant, Ravivarpeth, Belgaum Rs. 1000-00 (V) The suit undivided Hindu family business at Sadalaga, Taluk Chikodi, Dist. Belgaum

6. Ambassador Car bearing No. 4334 Rs. 50,000-00 (VII) Share and Bank accounts.

1. Two shares each worth Rs. 1000/-

   in Panchaganga Sugar Factory
   Ichalkaranji                                         Rs.    2,000-00
2. One share in C.K.S.S. Factory worth Rs. 1000/-       Rs.    1,000-00 
3. Amount in Account No. in the State
   Bank of India, Br. Raviwarpeth Belgaum               Rs.    1,000-00 
4. Amount in Account No. in Syndicate Bank
   branch Maruti galli, Belgaum                         Rs.    1,000-00 
5. Amount in Account No. Ratnakar Bank Branch,
   Belgaum                                              Rs.    1,000-00

(VIII) The family movables including the cooking
      apparatuses and utensils etc. in Belgaum and
      at Sadalaga family house                          Rs.   10,000-00

(IX) (i)   Four she-buffaloes                           Rs.    6,000-00
     (ii)  Two bullocks                                 Rs.    2,000-00
     (iii) Bullock card and Agricultural implements Rs.    1,000-00
     (iv)  Motor pump set and pipeline                 Rs.   10,000-00.
 

PEERAPPA (1975) | KASHIBAI (1965) | ________________________________________________________________________________________ TAVANAPPA GANGUBAI SATUBAI BALAPPA DEVENDRA BABURAO ANNAPPA AKKAPPA APPASAHEB (D-4) (D-5) (D-8) (GONE IN (D-1) (D-9) (D-10) (D-11) (PLFF.) | ADOPTION) | SUBBARAO [DIED=1944] INDUBAI | (D-2) | | ___________________________________ | INDUBAI SRIKANTA @ CHANDRAKANTA | SHASHIKANTH | (D-2) (D6) (D-7) | | ___________________________________________ MANGAL ABHAYKUMAR SHOBHA SHAILA SANGEET (D-3) The propositus of the said family was one Peerappa. He died in the year 1975 and his wife Kashibai predeceased him in the year 1965. The plaintiff and defendant Nos. 1,4,9 & 10 are sons and defendant Nos. 5, 7 & 11 are the daughters of Peerappa. Defendant No. 2 is the daughter and defendant Nos. 6 & 7 are the sons of defendant No. 5. Defendant Nos. 1 & 2 are the husband and wife and Defendant No. 3 is their son. Another son of Peerappa by name Balappa has gone in adoption outside the joint family. The plaintiff and Defendant Nos. 1, 4, 9 & 10 formed co-parcenary along with their deceased father. The co-parcenary family as well as the family properties given in Schedule B are said to be still undivided. The landed properties of the suit family is described in Item Nos. 1 to 4 of Schedule B (I). The house and open space described at SI. No. 1 of (II) of the B Schedule are the ancestral properties of the joint family. The property at SI. No. 2 of Schedule B(II) was purchased in the name of Defendant No. 5- Gangubai out of the joint family funds on or about 1964-65 which was an open space and subsequently it was got transferred in the name of Defendant No. 2 after constructing RCC building thereon out of the joint family funds. In this building the plaintiff is running joint family shop in the name and style of "Dhana Laxmi Stores" in the southern portion and in the northern portion has been leased out to Syndicate Bank at Sadalaga. The property at Sl. No. 3- of Schedule B (II) was purchased in the name of Defendant No. 7 in the year 1984-85. Similarly, the suit properties at Sl. Nos. 4 to 7 of Schedule B (II) were purchased in the name of Defendant No. 9 for the benefit of the said undivided family. The properties mentioned in SL No. (III) of Schedule B were purchased and acquired at Belgaum out of the joint family funds for joint family business described in Sl. No. (IV) of the B Schedule. Item No. (i) in Schedule B (III) was purchased in the name of Defendant No. 1 and RCC double storeyed building was constructed for the purpose of joint family out of the joint family funds. Item No. 2 of Schedule B(III) was acquired in the name of Defendant No. 3 out of the joint family funds. Item No. 4 of Schedule B (III) was purchased in the name of Defendant No. 2 for the joint family. Out of the joint family funds Item No. 3 of Schedule B (III) was purchased in the name of Defendant No. 6 along with some other properties. The joint family during the life time of Peerappa started Kirana business shop at Sadalaga in the year 1946 out of the joint family funds from various properties. The said business prospered and gave good profit within a short period. Defendant No. 1 during that period acquired experience in business and trade the family thought it better to expand the family business and seek fortune in addition to agriculture and kirana business in larger business centers. In the year 1960 a business shop was started for dealing in bhusari, oil and sugar by investing huge amount out of the joint family in the name of 'D.P. Chandgade' in Chikodi town, the taluka place. That was kept upto 1967 and Chikodi was felt a small place and as such all the brothers and their father intended to shift the business to the vast business center. So the entire business was shifted to Belgaum in 1967 and established the business in Raviwar Peth, Belgaum. The Kirana shop at Sadalaga was looked after by the plaintiff along with defendant No. 9 and defendant No. 6 upto 1967-68. The plaintiff then went to Belgaum along with Defendant No. 1 in the year 1967. The business at Belgaum also prospered. The kirana shop at Sadalaga was being looked after by Defendant Nos. 6 & 9 up to 1974. As the business at Belgaum prospered being expanded, in the year 1976 a partnership business was floated in the name of "Indu Oil Company" and thereafter, another partnership business in the name and style of "Mahaveer Trading Company" was started by the plaintiff and defendant No. 1. In the year 1967-68 another tobacoo company in the name and style of "Anand Tobacco Company" was managed by Defendant No. 9 along with kirana shop with defendant No. 7. The business further expanded and then the son of Defendant No. 1 namely Defendant No. 3 became an adult and therefore, he entered into business and then the business further expanded. As the family business expanded, Defendant Nos. 1 & 2 wanted to corner the entire business including the interests of other defendants. Therefore, the plaintiff thought that it would not be proper to continue in a joint family business and demanded partition and separate possession and share in the family business and also demanded rendition of accounts of the family business. The defendant No. 1 in collusion with defendant Nos. 2 to 11 avoided to have partition on some pretext or the other. Therefore, ultimately, no option was left to the plaintiff except to file a suit for partition and separate possession and taking accounts of the family business. Since the plaintiff's father Peerappa died after the Hindu Succession Act, 1956 came into force, therefore, the male and female both heirs of the deceased Peerappa were entitled to their share and accordingly, the plaintiff claimed that he has 9/48th share. The defendant No. 1 being a shrewd businessman and expert in trade, though he was not the eldest member of the family, with the consent of all other members of the family managed the family as the manager of the joint family after the death of the father. Hence the present suit was filed along with the following prayers: