A joint family property partition agreement is binding, and claims of exclusive ownership must be substantiated to override such agreements.

JUDGMENT :

V.SRISHANANDA, J.

Heard Sri Raghava Parthasarathy, learned counsel for the appellant and Smt.B.N.Manjula, advocate for Sri R.C.Nagaraj, learned counsel for the respondent No.1.

2. The present appeal is filed by the first defendant challenging portion of the judgment and decree (in respect of item No. 4) passed in O.S No.62/2003 on the file of Civil Judge (Senior Division), Chamarajanagar.

3. Parties are referred to as plaintiff and defendants as per their original ranking before the Trial Court.

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

A suit in O.S No.62/2003 came to be filed on the file of the Civil Judge (Sr.Dn.), Chamarajanagara, in respect of the following 6 items of immovable properties hereinafter referred to as suit properties with the following prayer:

“SCHEDULE

Item No.1: Agricultural land bearing Sy. No.70/2, extent 2.29 acres, situated at Kilagere village, Kasaba Hobli, Gundlupet Taluk.

Item No.2: Agricultural land bearing Sy. No.70/3, extent 2 acres, situated at Kilagere, both Item No.1 and 2 having common boundary bounded on the East by Land of Mahadevappa, West by Land of Chikkaranganaika, South by: Land of Ramachandrappa, North by Land of Dodda Mahadevappa.

Item No.3: Agricultural land bearing Sy.No.242/P50, extent 5.01 acres, situated at Barigi village, Kasaba Hobli, Gundlupet Taluk, bounded on the East by: Land of Writer Ningaiah, West by Tank, South by Land belonging to basis of Marikallaiah, North by: Land of Kalaiah and Rangaiah.

Item No.4: Agricultural land bearing Sy. No.242/P36, extent 4 acres, situated at Baragi village, Kasaba Hobli, Gundlupet Taluk, bounded on the East by : Hill, West by: Land of Paramapurada Hanumaiah, South by :Land of Chowdamma, North by: Land of Chennaiah.

Item No.5: 3 Ankanam House property situated at Kiligere village, Kasaba Hobli, Gundlupet Taluk, bounded on the East by: House of Basavaiah, West by: Road, South by: House of Madaiah, North by House of Chowdamma.

Item No.6: Vacant site situated at Kiligere village, bounded on the Past by: property of Yejaman Basavaiah, West by: Road, South by House of Chowdamma, North by: House of Mallaiah.”

PRAYER IN THE PLAINT:

“WHEREFORE, the plaintiff prays that this Hon’ble court in the interest of justice and equity be pleased to pass a judgment and decree in his favour and against the defendants:

(a) for declaration that the plaintiff is entitle for 1/3^rd share in all the schedule properties,

(b) for partition and separate possession of plaintiff 1/3^rd share by metes and bounds in all the schedule properties, and

(c) for cost of this suit.”

5. Plaintiff contended that plaintiff and defendants were living in joint family. First defendant is the elder brother of the plaintiff and he was acting as kartha of the joint family. All the schedule properties are ancestral properties of the plaintiff and defendants when they were in joint family. Property mentioned in Item No.4 was granted in the name of first defendant, but for the benefit of entire joint family.

6. On 01.07.1975, plaintiff and defendants effected partition, dividing all the suit properties among them. The said partition was reduced into writing. The plaintiff and defendants have affixed their signature to the said unregistered palupatti. In the said partition, property mentioned in item No.4 was given to the share of the plaintiff and khatha stood transferred in favour of the plaintiff.

7. Subsequently in year 1996-97, first defendant filed an appeal before the Assistant Commissioner in respect of revenue entries in RRT No.49/1996-97 for change of khatha in respect of item No. 4.

8. The Assistant Commissioner allowed the