SRI CHANDRASHEKAR S/O GAVISIDDAPPA MUNDARAGI – Appellant
Versus
MEGHARAJ S/O GIRIYAPPA RAJUR – Respondent
Heard learned counsel for the appellant. Learned
counsel for respondents are absent. This Court made it
clear that if counsel for respondents does not appear, the
matter will be heard in their absence.
This appeal is filed by the plaintiff questioning
the finding of the trial Court in respect of item at Sl.No.3
of schedule 8A9 property i.e. 1 acre of land bearing
Sy.No.214/2C2P.
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The main contention of the plaintiff before the
trial Court is that defendant Nos.3 and 4 are his sisters
and defendant No.2 is his father and defendant No.1 is the
purchaser of item at Sl.No.3 of the property. Defendant
No.3 is the married sister and defendant No.4 is still
unmarried. The said property belongs to the joint family
and defendant No.2 got share of certain agricultural lands
and house properties described in schedule 8A9 and 8B9 for
family partition. The plaintiff9s uncle had instituted
O.S.No.19/87, the said was compromised. The properties
are ancestral properties and defendant No.2 had sold
property in favour of defendant No.1 on 13.10.1988 and
by that time plaintiff and defendant Nos.3 and 4 were
minors and sale was made not for any family necessity or
for any joint family benefit.
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