JUDGMENT :

SACHIN SHANKAR MAGADUM, J.

1. The captioned second appeal is filed by the defendant No. 1 questioning the judgment and decree of the Appellate Court wherein the Appellate Court has decreed the suit in entirety and share is granted to the plaintiff in all the properties.

2. For the sake of brevity, the parties are referred to as per their rank before the Court below.

3. The family tree of the parties is as follows:

OTHERS LANGUAGE

4. The original plaintiff Muni Anjanappa who is the father of defendant No. 1 filed a suit for partition and separate possession in O.S. No. 29/2006. The original plaintiff Muni Anjanappa claimed that suit schedule properties were acquired through joint family funds. It was contended that original plaintiff Muni Anjanappa on account of old age was not in a position to manage the affairs of the family and therefore, defendant No. 1 being the eldest son was allowed to manage the affairs of the joint family as Kartha of the family. Therefore, the original plaintiff Muni Anjanappa contended that all the properties acquired in the name of defendant No. 1 were by utilizing joint family corpus and therefore, the original plaintiff filed a suit for partition