The central legal point established in the judgment is the application of the Hindu Succession Act to determine the entitlement of the plaintiff to the Schedule Properties.

JUDGMENT/ORDER

1. The plaintiff in O.S.No.4256/1996 on the file of the learned I Additional City Civil and Sessions Judge, Bengaluru City, (CCH No.2) (hereinafter referred to as 'the trial Court' for brevity), is impugning the judgment and decree dtd. 21/3/2011, dismissing the suit and rejecting the claim for partition and separate possession of Schedule 'A' to 'C' Properties by allotting 1/5th share in his favour by metes and bounds, to restrain defendant Nos.1 and 2 from alienating the Schedule Properties in favour of any third parties and for mesne profits.

2. For the purpose of convenience, parties are referred to as per their rank before the trial Court.

3. Brief facts of the case are that, the plaintiff filed the suit O.S.No.4256/1996 before the trial Court against defendant Nos.1 to 6 for partition and separate possession of his 1/5th share in the Schedule Properties by metes and bounds, for mesne profits and also for permanent injunction restraining defendant Nos.1 and 2 from alienating the Schedule properties. Schedule 'A' appended to the plaint describes the property bearing No.9, situated at Sunkalpet Main Road, Bengaluru, measuring East to West 14.11 feet and North to South 19.9 feet with the boundaries mentioned therein. Schedule 'B' describes the house property bearing No.6, situated at II Main, Weavers Colony, Ganganagar, Bengaluru along with the jewellery, steel and wooden items and Schedule 'C' describes the textile machineries kept in the premises forming the rear portion of Schedule 'A', along with five power looms with dobby, 5 fern windings and 16 spindle windings machineries.

4. It is contended by the plaintiff that the plaintiff and defendant Nos.2 to 4 are the children of late V. Venkataswamy and defendant No.1. Said V. Venktaswamy died on 25/2/1992 leaving behind him the plaintiff and the defendants and one more son by name Sri V.G.Srinivas who also died during August 1994. The said V.G.Srinivas was a bachelor and died intestate. Late V. Venkataswamy inherited Schedule 'A' property and out of the joint family funds, he purchased 'B' and 'C' Schedule Properties. The property described in Schedule 'A' was divided amongst the plaintiff, defendant No.2 and late V.G.Srinivas on 23/4/1992 under the deed described as an agreement of partition. As per the said document, the rear portion of the premises bearing No.9, situated at Sunkalpet Main Road, measuring East to West 19.11 feet and North to South 19.9 feet along with the movables kept therein i.e., Mysore make power looms with dobby motor and switches (2 numbers), warping machine (1 number) and steel Almairah (1 number) were allotted to the share of defendant No.2. The middle portion of the premises bearing No.9, measuring East to West 17.11 feet and North to South 19.9 feet along with the movables kept therein i.e., local make drop box power loom with motor dobby and switch (1 number), 12 spindles winding machine (1 number), pern winding machine (3 numbers), machine spares iron scrap and tools and Mysore make power loom with switch and motor were allotted to the share of the plaintiff and the portion forming the front side of the building bearing No.9 described in Schedule 'A', measuring East to West 14.11 feet and North to South 19.9 feet along with the movables i.e., 200 spindle twisting machine (1 number), 60 spindles and aluminium tubes, 10 hankes reeling machine (2 numbers), bobbling and aluminium tubes and art silks weighing 13 kgs and electronic automatic timer (1 number) were allotted to the share of of V.G.Srinivas. It was also agreed to allot 120 spindles twisting machines (1 number) and 36 spindles winding machine (1 number) worth Rs.10, 000.00 in favour of defendant No.3 and cash of Rs.30, 000.00 to defendant No.4.

5. It is contended that the plaintiff, defendant No.2 and their brother V.G.Srinivas were put in possession of the property fallen to their respective shares under the agreement of partition dtd. 23/4/1992. Defendant No.2 instead of