Judgement

Consolidated Appeal (No. 184 of 1924) by special leave from two decrees of the High Court (December 20, 1920) affirming two decrees of the Subordinate Judge of Dharwar (February 16, 1918).

The suits giving rise to the consolidated appeal were for partition, and the question to be determined was whether the respondents were entitled to share in the joint family property.

The first appellant and his brother, since deceased, as plaintiffs in the first suit and defendants in the second, alleged that the respondents were not entitled to share as they were descendants of the

Law. Rep. 54 Ind. App. 122 ( 1926- 1927)

Lingangowda V. Basangowda 10

concubine of a former member of the joint family, and that in any case they had lost their right by exclusion.

The father of the present appellants had brought a suit in 1904 against the respondents claiming that certain land was in his ownership and under his management, and that they were obstructing him in his enjoyment and management, and praying for an injunction. The respondents had put in a written statement in that suit, namely, No. 112 of 1904, claiming to be jointly entitled to the land. The suit was dismissed, it being concurrent