FAKIRAPPA VS. VENKATESH

( 1 ) THE legal representatives of defendant-1 and defendants 2 to 6 in L. C. Suit No. 44/1961 on the file of the Munsiff, Laxmeshwar, are the appellants in this second appeal. The plaintiffs who are respondents 1 and 2 in this second appeal instituted the said suit for a declaration that the alienation of the suit schedule property made by their father Parashuram in favour of defendant-1 devendrappa was not binding on them and for partition and separate possession of their 2/3rds share in the suit property. Their case was that the suit land belonged to the joint family consisting of their father Parashuram and themselves that Parashuram alienated it in favour of defendant-1 under a sale deed dated 12-6-1942, although, the said transaction was not supported by legal necessity or family benefit and that therefore the alienation was not binding on them. They also pleaded that the consideration alleged to have been paid under the said sale deed was inadequate. Defendant-2 is the son of defendant-1. Defendants 3 to 6 are the sons of defendant-2. They pleaded that the sale deed was executed in favour of the 1st defendant by the father of the plaintiffs for the pu

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