HEMANT GUPTA,J. - (1.) The defendants are in appeal aggrieved against an order passed by the High Court of Karnataka on 14 th June, 2005 whereby the appeal filed by the plaintiff - C. Jayarama Reddy was allowed by setting aside the concurrent findings of facts recorded by two courts below. The High Court answered the following substantial question of law: "Whether the judgment and decree passed by the Courts below suffer from illegality on account of improper consideration of Ex.P1, i.e., school leaving certificate?"
(2.) The plaintiff filed a suit for partition and separate possession of 1/4th share in the Suit schedule property between himself and his three brothers who are defendant Nos. 1, 2 and 3. Defendant Nos. 4 to 17 are the persons who have purchased the property from the defendant Nos. 1 to 3, the brothers. The plaintiff claimed that he was minor at the time of death of his father in the year 1963 and that he continued as a member of the joint Hindu family in joint possession and enjoyment of the property of joint Hindu family. The plaintiff asserted that his signatures were obtained on a few documents and that he was not aware of the contents of the same nor did he execute any document thereof and understood what they were. Para 6 of the plaint reads thus: "6. The plaintiff was kept in the dark about the family affairs and implicitly obeyed the dictates of the other defendants and did whatever he was asked to do. In fact, his signatures were taken on few documents and the plaintiff is not aware of the contents nor did he execute any document thereof or understands what they were."
(3.) In the written statement filed, it was asserted that the plaintiff and defendant Nos. 1 to 3 and their father were members of joint Hindu family till 15th June, 1963. The plaintiff demanded and wished to separate himself from the joint Hindu family and executed a release deed on 15th June, 1963 and severed all the connections from the joint Hindu family when he received consideration of Rs.5,000/- for his share and relinquished all his rights in the family. The plaintiff went away from the family after execution of the release deed and lived at Kempapura village since 1963 in his father-in-law's house. It was denied that the plaintiff was minor at the time of death of his father. It was further pleaded that he married one Mamjamma d/o Nanjundappa of Kempapura on 29 th June, 1964.;