Judgment

H.L. DATTU, J.

1. This appeal is directed against the Judgment and Order of the High Court of Karnataka at Bangalore, dated 30th March 1999 in R.F.A. No. 385 of 1993, R.F.A. No. 258 (sic.) of 1994 and R.F.A. No. 775 of 1995 (sic.), wherein the High Court has modified the Decree of the Trial Court and has held that the properties described in `A' Schedule to the suit are joint family properties and the parties to the suit are entitled for 1/3rd share in those properties. The other observations and directions of the Court is not relevant for the purpose of this appeal.

2. The question that is contested by the parties and has fallen for our consideration is whether the properties in dispute are the personal acquisitions of Parwatevva, or, as held by the High Court, a part of the joint family property.

3. The factual matrix in brief is as follows:-

Siddappa and Parwatevva got married in 1924 and at the time of the marriage, the father of Parwatevva gifted her land in Survey No. R.S. No. 271/1 measuring 8 Acres 16 Guntas under registered Gift Deed dated 30th April 1924 ["A7"]. Siddappa, after his marriage, continued to reside in his in-laws house. During his life time, Siddappa had no other source of income except from the tenanted lands which was only a small extent and was totally dry lands. Parwatevva purchased lands in R.S. No. 91 measuring 19 Acres 13 Guntas under a registered Sale Deed from the income of the land that was gifted to her by her father on 5th October, 1944 [A(4) -A(6)]. Thereafter, on 2nd June, 1951, with the income from the above two lands, Parwatevva purchased another land being R.S. No. 143 measuring 28 Acres 23 Guntas [A(8)-A(12)]. Siddappa died in the year 1951. The couple had four sons and one daughter - Marabasappa (appellantdefendant), Ningappa (respondent-plaintiff), Bhimappa (deceased - legal heirs are on record), Sangawwa and Channappa (pre-deceased without any heirs).

4. In her life time Parwatevva relinquished her share in R.S. No. 91 in favour of the present appellant (Marabasappa). Thereafter, subsequent to an oral partition, she gave one part of the other property bearing R.S. No. 143/1 and R.S. No. 143/2 to the respondent (Ningappa) and the heirs of Bhimappa respectively. In June 1984, Parwatevva executed a will of `stridhana' land to her daughter, Sangawwa. Parwatevva died on 08.07.1984. The present dispute is between her children and their heirs.

5. The respondents-plaintiffs filed a suit bearing O.S. No. 40/1990 before the Court of the Civil Judge, Gadag [hereinafter referred to as "the Trial Court"], inter alia alleging that the entire property mentioned above is the joint family property and the same was not the personal property of Parwatevva, and hence, a prayer for partition and separate possession of 1/3rd share was made in respect of Schedule `A' to `C' properties. Schedule `A' properties consist of agricultural lands, Schedule `B' properties consist of houses and open places and Schedule `C' properties consist of movables of all the properties held by the defendants-appellants except the plaintiffs' properties. The Trial Court negatived this contention of the respondents-plaintiffs on the basis of the oral and documentary evidence and found, inter alia, that the said properties were self acquired properties of Parwatevva, accordingly, has partly decreed the suit in favour of the plaintiffs- respondents.

6. Being aggrieved, the parties to the suit preferred Regular First Appeals. The High Court, by the impugned Judgment and Order, set aside the Judgment of the Trial Court and took the view that apart from the stridhana land, the rest of the property was a part of the joint family property purchased from the income and funds of the joint family property and, therefore, the decree, as sought by the plaintiffs, requires to be granted. Against this finding and the conclusion reached by the High Court, the appellants-defendants are before us.

7. Shri. Rajesh Mahale, learned cou