R RAVINDRA REDDY Vs. H RAMAIAH REDDY

JUDGEMENT

(1.) One Dodda Appanna Reddy owned vast properties in Halasahalli Thippasandra Village, Sarjapura Hobli, Anekal Taluk, Bangalore Urban District. He died in 1968 leaving behind his only son, Pilla Reddy, and grandson, H. Ramaiah Reddy, the Respondent No. 1 herein, to succeed to his estate. The petitioners herein are the sons of H. Ramaiah Reddy.

(2.) After Appanna Reddy's death Pilla Reddy and H. Ramaiah Reddy constituted a joint family in respect of the ancestral properties and were in joint possession and enjoyment of the various properties, including the suit schedule properties.

(3.) In 1972, there was a partition of the properties between Pilla Reddy and his son, H. Ramaiah Reddy, in respect of the joint family and ancestral properties. One Annaiah Reddy, a professional document writer at the Sub-Registrar's office at Anekal Taluk, was an attesting witness to the registered partition deed. Pilla Reddy executed two Wills, both scribed by Annaiah Reddy, in 1972 and in 1979. The said Annaiah Reddy filed an application on 30th December, 1974, for grant of tenancy rights in respect of the suit schedule lands under Section 48 of the Karnataka Land Reforms Act, 1961, hereinafter referred to as "the 1961 Act", claiming occupancy rights on the ground that he had been cultivating the suit lands. Only Pilla Reddy was impleaded as a party to the proceedings, although, the properties were said to be ancestral properties. It appears that on 11th December, 1975, the tenancy rights of the lands in question were recorded in the name of Annaiah Reddy.