The ruling confirmed that properties held in the name of one individual, without evidence of joint family ownership, are treated as self-acquired, especially in the context of a Christian family.

JUDGMENT :

V. SRISHANANDA, J.

1. Heard Smt.Shruthi S. P., learned counsel appearing on behalf of Sri.Vinaya Keerthy M., learned counsel for the appellant.

2. Present second appeal is filed by the plaintiffs challenging the validity of the judgment and decree passed in O.S.No.133/2013 whereby suit for partition of the plaintiffs came to be dismissed which was confirmed in RA No.127/2022.

3. Facts in brief which are utmost necessary for disposal of the present appeal are as under:

3.1. A suit for partition and separate possession in respect of the following properties (hereinafter referred to as suit properties) came to be filed by the appellants against the respondents:

Item No. 1: Land bearing Survey No. 6/2, measuring 27 guntas along with 2 guntas of Kharab. Assessed at Rs. 0.92 paise situate at Peddapalli village, Robertsonpet Hobli, Bangarpet taluk and the same is bounded on the East by: Sri. Bychappa's land, West by: Road, North by: Sri. Veerappachari's property and South by: Sri. Veerappachari's property.

Item No. 2: Land bearing Survey No. 6/3, measuring 38 guntas Assessed at Rs. 1.30 paise situate at Peddapalli village, Robertsonpet Hobli, Bangarpet taluk and the same is bounded on the East by: Sri. Veerappachari land, West by: Sri. Gangappa's land and road, North by: Sri. Gangaram Dass's land and South by: Sy.no. 6/2 belonging to the joint family.

Item No. 3: Land bearing Survey No. 209/1. measuring 32 guntas. Assessed at Rs. 1.00 situate at Peddapalli village, Robertsonpet Hobli, Bangarpet taluk and the same is bounded on the East by: Jakkriya Baig land, West by: Jabbar's land, North by: Government road and Oni and South by: Murugappa's property.

Item No. 4: Old dilapidated house bearing V.P. Khatha No. 134, measuring East to West: 96 ½ feet and North to South: 45 ½ feet, situate at Peddapalli village, Robertsonpet Hobli, Bangarpet taluk and the same is bounded on the East by: House property and vacant space, West by: Appadurai House & road, North by: Aiyadurai property and South by: Raji property and thereafter wards Gangamma temple and road.

3.2. It is contended that Chinnadurai was the progenitor of the family of the plaintiffs and defendants. Said Chinnadurai was married to one Pooshanamma and they had five children namely Jayakumari, Violet Mary, Kalivani, Shanthakumari and Subramani.

3.3. Plaintiff No.1 is the wife of Subramani and plaintiff No.2 is the daughter of said Subramani. Out of the five children, Subramani is no more and all the children and wife of said Chinnadurai have constituted Hindu Undivided Family.

4. Chinnadoari purchased the suit item No.1 property and same was registered in the name of Pooshanamma. Suit item No.2 was also purchased in her name on 03.01.1980 under registered sale deed. Suit item No.3 was purchased by defendant No.1 under registered sale deed dated 27.09.1960.

5. Plaintiffs further contended that defendant No.1 knowing fully well about the existence of the joint family and joint status over the suit properties, illegally executed registered sale deed on 15.09.1994 in favour of defendant No.4 in respect of item No.1 of the suit property and executed a release deed in favour of defendant No.4 by relinquishing her right in respect of land bearing Sy.No.6/3 and defendant No.1 also sold suit item No.3 in favour of defendant No.6 under registered sale deed dated 16.02.2010 detrimental to the interest of other members of joint family and sought for decreeing the suit.

6. Defendant No.1 entered appearance and filed written statement contending that suit properties are the self acquired properties. It is also contended that parties are not Hindus and they are Christians. Ther