Judgment

HEGDE, J:- The only question that arises for decision in this appeal by certificate is whether the properties covered by Exh B-6 were the properties of the joint Hindu family of the parties to the suit and consequently available for partition.

2. The suit is for partition in a family governed by Mitakshara law. The appellant and respondents Nos. 1 and 2 are brothers. Their father was one Reddinaidu. The father and the three sons constituted a joint Hindu family. The father died in about the year 1937. The appellant was the eldest son. The suit from which this appeal arises was brought by the 1st respondent claiming a 1/3rd share in the properties detailed in the plaint-schedule. Some of the properties included in the plaint-schedule are admittedly joint family properties. About them there is no dispute. But the appellant claimed that the properties covered by Exhs. B-2 to B-7 are his separate properties and as such his brothers cannot claim any share therein. The trial Court accepted his contention and granted a decree for partition only in respect of properties other than those covered by those documents. The High Court affirmed the decree of the trial Court in respect of p