B.V. DEVEERACHAR AND ANOTHER Vs. D. VISWESWARIAH AND OTHERS

JUDGEMENT

(1.) IN the village of Bukkambhudhi in the district of Chickmagalur, there was a Hindu joint family composed of four brothers who belonged to a family of goldsmiths. Defendant 1 Deveerachar is one of the four brothers, and between those four brothers, there was a partition on April 22, 1927 recorded in Exhibit P -1. There was again another partition between Deveerachar and his brother Paniachar on September 24, 1938, which is recorded in Exhibit P -3 presumably for the reason that notwithstanding the earlier partition, a further partition between them became necessary. But, with that we are not concerned very much in this appeal.

(2.) DEVEERACHAR is defendant 1 in the suit out of which this appeal arises, and he has four sons. Defendant 2 is his first son; the plaintiff is his second son and defendants 3 and 4 are his third and fourth sons. The plaintiff is an advocate of this court. Defendant 3 is an engineer is Government service and defendant 4 who acquired an engineering qualification has been doing nothing particular.

(3.) THE plaintiff who was dissatisfied with the partition made by the father instituted a partition suit on July 20, 1959, and, when the partition made by the father which is recorded in Exhibit D -22 was pleaded in defence, he impeached that partition as unfair and unequal. He claimed a partition of as many as thirty nine items of Immovable property and, twelve items of moveables including cash the aggregate of which was valued at Rs. 50,540/ -.