( 1 ) ). THIS appeal is by the plaintiffs against the judgment and decree dated October 9, 1974 of the Addl. Civil Judge, Tumkur, in O. S. No. 36 of 1972 on his file. The suit was for partition of the suit schedule items of properties consisting both immoveable and moveable properties. Plaintiffs claimed that four of them were the sons of defendant-2 and the 5th of them was the wife of defendant-2 and mother of first four plaintiffs. They further claimed that the suit schedule items of properties were all joint family properties of the joint family consisting of defendants 1 to 3. Plaintiffs further alleged that the alienations made by their father defendant-2 were not for legal necessity and that he was having illicit relation with another woman to the exclusion of the 5th plaintiff, his legally wedded wife and, therefore, such alienations should not in any way bind them. They prayed for partition of the suit schedule properties by metes and bounds and separate possession of the same.

( 2 ) THE first and third defendants resisted the suit claim denying the plaint allegations in general. They particularly asserted that the plaintiffs had no cause of action against them as there was

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