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Issues Involved:
1. Nature of the property: Whether the property in dispute is joint family property or the self-acquisition of the plaintiff. 2. Interest of the adopted son: Whether the adopted son (2nd defendant) has any share in the property. 3. Attachment of property: Whether the 1st defendant, as an attaching creditor, can attach and sell the property. Detailed Analysis: 1. Nature of the Property: The primary issue was whether the property in dispute is the joint family property or the self-acquisition of the plaintiff. The plaintiff contended that the property was his self-acquisition, while the 1st defendant, an attaching creditor, claimed it was joint family property due to its construction on an ancestral site. - Evidence and Findings: The Subordinate Judge found that the only property inherited by the plaintiff and his brothers from their father was a thatched house. All other properties were the plaintiff's self-acquisitions. This finding was not disputed except for the house in question, which was alleged to be built on an ancestral site. The plaintiff's claim that the house was built on a site acquired from his brother was not supported by any documentary evidence such as a "muri" or accounts of purchase. - Conclusion: The court concluded that the house was built by the plaintiff long before the adoption of the 2nd defendant and with his self-acquired funds. The site was ancestral, but the house was not intended to be joint family property. 2. Interest of the Adopted Son: The court examined whether the adopted son (2nd defendant) had any claim to the property built by the plaintiff. - Intention and Evidence: There was no evidence that the plaintiff intended to treat the property as joint family property. The court noted that a person who makes considerable acquisitions through personal exertions would presumably want to retain those acquisitions. The mere fact that the 2nd defendant lived in the house after adoption did not imply an intention to make the property joint family property. - Legal Precedents: The court referred to various precedents, including Mayne's Hindu Law and decisions like Vithoba Bava v. Haliva Bara, which support the principle that a house built with separate funds on ancestral land remains separate property unless there is a clear intention to treat it as joint family property. - Conclusion: The court held that the 2nd defendant was entitled only to a half share in the land, not the superstructure. The plaintiff retained sole ownership of the house. 3. Attachment of Property: The final issue was whether the 1st defendant, as an attaching creditor, could attach and sell the property. - Legal Rights: The court determined that the 1st defendant could only attach and sell the 2nd defendant's interest in the land, not the house. The 2nd defendant's interest was limited to a half share in the land. - Partition and Sale: If the land were to be sold, the purchaser could sue for partition, and the plaintiff would have the right to buy the interest at a valuation under the Partition Act. - Conclusion: The decree was modified to declare that the plaintiff is solely entitled to the superstructure and to a half share of the land. The 1st defendant can attach and sell the 2nd defendant's share of the land only. Separate Judgments: Both judges delivered separate judgments but concurred on the main issues. - C.V. Kumaraswami Sastri, J.: Emphasized the lack of evidence for the plaintiff's claim that the land was acquired from his brother and concluded that the house built with self-acquired funds on ancestral land does not become joint family property without clear intention. - H.D.C. Reilly, J.: Agreed with the principles laid down by Sastri, J., and elaborated on the legal concepts of blending and intention. He reiterated that the house remains the plaintiff's separate property and is not liable to attachment, while the land can be subject to partition and sale. Costs: The court ordered the 1st respondent to pay the appellant Rs. 250 for costs in appeal and Rs. 250 as costs in the lower court. The second respondent was to bear his own costs throughout. This summary encapsulates the detailed legal reasoning and conclusions reached by the court on each issue, preserving the significant phrases and legal terminology from the original judgment.
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