Honble MATHUR, J.–This appeal is directed against the order passed by the learned Single Judge of the High Court of Karnataka at Bangalore whereby the learned Single Judge has set aside the order and decree passed by the Additional Civil Judge, Chikodi in OS No. 160 of 1988 whereby the learned trial court decreed the suit relating to family property i.e. Schedule-B, Part-II, Item 2, TMC No. [old No. 1846-A, new No. 2178 (house)], Part-III, Item 1 MH No. 202/235, Hindwadi Belgaum, Item 2 MH No. 687/1 (Ravivarpeth), Item 4 CTS No. 1551 (open space) (Hindwadi). The plaintiff also filed a cross-objection with reference to three businesses mentioned in Part IV (Schedule B) namely Mahaveer Trading Company, Indu Oil Mill Company and Srikant Oil Company. The decree in respect of these companies has been granted and these companies have been held to be partnership concern. So far as Item 1 in Part VI (Schedule B), namely, goods-truck bearing No. MEI 7567 is concerned, separate regular first appeal being RFA No. 428 of 1993 was filed and the same has been disposed of with which we are not concerned.

(2). The real dispute between the parties is whether the properties for which a decree was passed by the trial court was joint Hindu family property or those were self-acquired properties of the defendants and their children.

(3). The case of the plaintiff, Appasaheb was that all the properties mentioned above were the joint family properties and, therefore, he sought partition of the said properties. The following properties formed part of Schedule B which reads as under:

"Schedule B

(1) Agricultural lands situated within the village limits of Sadalaga, Taluka Chikodi

Sl. No. Sy. No. Area A Gs Assessment Rs. Ps Value Rs

1. 893/3 10.10 40.08 1,00,000.00

2. 72/2 1.00 7.00 10,000.00

3. 52/2 0.30 6.00 7,500.00

4. 73/3 8.30 45.23

Out of this2.07 11.30 20,000.00

(II) The joint Hindu family house properties situated at Sadalaga, Taluka Chikodi

Sl. No. TMC No. Value

1.2.3.4.5.6.7. Old 1736 (house) New 2036Old 1846-A New 2178 (house)3130/2 (open house)1986 = 1644 (house)1923 = 1660 (house)1367 = 1193 (house)1935 = 1669 (house) Rs.Rs.Rs.Rs.Rs.Rs.Rs. 25,000.0030,000.0010,000.008,000.009,000.0010,000.005,000.00

(III) Properties situated at Belgaum

1.2.3.4. MH No. 203/235, Hindwadi, BelgaumMH No. 687/1, RavivarpethMH No. 764/8A (Angol Mal)CTS No. 1551 (open space) Hindwadi, Belgaum Rs.Rs.Rs.Rs. 2,00,000.001,00,000.001,50,000.0030,000.00

(IV) The suit undivided Hindu family business at Belgaum

1.2.3. Mahaveer Trading Company, firm in Shop No. 843 in Ravivarpeth, including capital goods and turnoverIndu Oil Company in Shop No. 677 firmTrade in oil in the name of Srikant, Ravivarpeth, Belgaum Rs.Rs.Rs. 1000.001000.001000.00

(V) The suit undivided Hindu family business at Sadalaga, Taluk Chikodi, District Belgaum

1.2. Dhana Laxmi StoresKirana shop in the name and style of C.S. Hukeri Rs.Rs. 1000.001000.00

(VI) The suit undivided Hindu family movables

1.2. Goods truck bearing Reg. No. MEI 7567A car bearing Reg. No. MHH 30 Rs.Rs. 1,00,000.0060,000.00

3. Scooter bearing Reg. No. CTL 3597Hero Honda Reg. No. CTS 7069Ambassador car bearing No. MZH 9453Ambassador car bearing No. 4334 Rs.Rs.Rs.Rs. 12,000.0015,000.0050,000.0050,000.00

(VII) Shares and bank accounts

1.2.3.4.5. Two shares each worth Rs. 1000 in Panchaganga Sugar Factory, IchalkaranjiOne share in C.K.S.S. Factory worth Rs. 1000Amount in Account No. ... in State Bank of India, Branch Ravivarpeth, BelgaumAmount in Account No. ... in Syndicate Bank, Branch Maruti Galli, BelgaumAmount in Account No. ... Ratnakar Bank, Branch Belgaum Rs.Rs.Rs.Rs.Rs. 2000.001000.001000.001000.001000.00

(VIII) The family movables including the

cooking apparatuses and utensils etc. in

Belgaum and at Sadalaga family house Rs. 10,000.00

(IX).(i)(ii)(iii)(iv) Four she buffaloesTwo bullocksBullock cart and agricultural implementsMotor pump set and pipeline Rs.Rs.Rs.Rs. 6000.002000.001000.0010,000.00."

(4). The suit was contested by the defendants and t

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