H.G. Pattabi v. K.R. Suraj

Hindu Law — Coparcenary Property — Alienation by Karta — Legal Necessity — Discharge of House Construction Debt — Evidence Act, 1872 (Section 114(g) (now BSA 119) Adverse Inference) — Unpleaded Vices & Hearsay Evidence — Suit for Partial Partition — Lack of Bona Fides.

This judgment regarding a property partition dispute between the heirs of a man named Renukaiah and a subsequent purchaser, H.G. Pattabi. The plaintiffs sought to invalidate the sale of ancestral lands, claiming the original owner sold them without legal necessity and due to personal vices. While a High Court initially ruled in favor of the family, the Supreme Court overturned that decision, citing a lack of evidence regarding the owner’s alleged bad habits and the non-examination of a key witness. The Court ultimately restored the trial court's decree, finding that the sale was a legitimate effort to discharge financial obligations related to family housing. Consequently, the appellant's purchase of the property was upheld, effectively dismissing the heirs' claims for partition.