The present appeal is by the plaintiffs aggrieved

by the judgment and decree dated 01.01.2018 passed

in O.S.No.111/2013 on the file of Additional Senior

Civil Judge and CJM at Bidar (for short 'Trial Court'),

by which, the suit of the plaintiffs for partition and

declaration has been dismissed.

For the sake of convenience, the parties

herein are referred with the ranks occupied by them

before the Trial Court.

The subject matter of the suit is the land

bearing Survey No.233 Hissa-2 measuring 4 acres 16

guntas situated at Aliamber village, Bidar taluka and

district. Originally, the suit schedule property was

granted in favour of one Shanmukhayya, the husband

of defendant No.1 and grandfather of the plaintiffs and

defendant Nos.2 to 4 in the year 1994. That the said

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Shanmukhayya passed away on 28.12.2003 leaving

behind him his wife the defendant No.1 and two sons

namely, Irapayya and Siddayya. The said Irapayya

passed away on 22.03.2007 and Siddayya passed

away on 24.08.2007 leaving behind the plaintiffs and

defendant Nos.2 to 4 as their legal representatives

respectively. It is the case of the plaintiffs that they

demanded to partition and separate possession of the

joint family properties. That defendant No.1 did not

respond or came forward for effecting the partition.

That the plaintiffs through their guardian caused

enquiry to be made and learnt that defendant No.1

had executed a deed of sale dated 24.04.2006 in

favour of one Raghuram Chunduri. The said Raghuram

Chunduri in turn conveyed the same in favour of

defendant No.5 by way of deed of sale dated

30.08.2010. That the defendant No.1 had no right to

execute the deed of sale depriving the rights fo the

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plaintiffs. Finding no other alternate, the plaintiffs

have approached the Trial Court by filing a suit.

On service of summons, defendant No.1

filed her written statement admitting the relationship

and also admitting grant of the land in favour of her

husband Shanmukhayya. However, she has taken a

specific contention that she had never executed the

sale deed in favour of Raghuram Chunduri. That as

she was in need of money, she had borrowed a sum of

Rs.50,000/- from said Raghuram Chunduri and had

executed a deed of mortgage in his favour in respect

of the suit property as security thereon. Thus, she

states that the said deed of sale was a fabricated

document and not binding on her.

Defendant No.5, who is the purchaser of

the suit schedule property from the said Raghuram

Chunduri in her written statement denied the plaint

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averments and has contended that the family of the

plaintiffs and defendants were never a joint family as

they

had

separated.

That

the

suit

was

not

maintainable as the said Raghuram Chunduri has not

been made a party. That she is the bonofide

purchaser

of

the

suit

property

for

valuable

consideration. That the plaintiffs are not in possession

of the suit schedule property, the suit is improperly

valued and sufficient Court fee has not been paid.

Therefore, the plaintiffs are not entitled for any relief

and hence, sought for dismissal of the suit.

6.

Based on the aforesaid pleadings, the Trial

Court framed the following issues:

1. Whether the plaintiffs prove that,

they had constituted joint Hindu family with

the defendant Nos.1 to 4 and suit schedule

properties are joint family properties?

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2. Whether the plaintiffs further prove

that the sale deed is executed by defendant

No.1 in favour of defendant No.5 is not for

legal and family necessity?

Whether

the

defendant

No.5

proves that she is bonafide purchaser of

suit

schedule

property

for

the

value

received without notice?

4. Whether the suit is bad for non

joinder of necessary party?

5. Whether the plaintiffs entitle for

the reliefs sought for?

6. What order or decree?

7.

The

mother

of

the

plaintiffs

namely,

Smt.Jagdevi has examined herself as PW.1 and one

Vishwanath has been examined as PW.2 and exhibited

32 documents marked as Exs.P1 to P32. The power of

attorney

holder

of

defendant

No.5

na