KALACHANDA U THAMMAIAH Vs. INDIAN BANK CHENNAI-1

JUDGEMENT

(1.) THIS appeal is by the defendant before the Trial Court and he is aggrieved by the suit of the respondent-plaintiffs being decreed in part and the appellant was directed to deliver vacant possession of the suit schedule property to the plaintiffs and also holding that the plaintiffs are entitled to recover mesne profits by way of damages from the date of are entitled to recover mesne profits by way of damages from the date of suit till delivery of vacant possession of the suit schedule property by the defendant. It is this judgment that is called in question by the defendant.

(2.) THE case of the plaintiffs before the Trial Court was that the suit schedule property was originally allotted in the 1st plaintiff"s father in law by name Kalegowda by the BDA and following his death 1990. Kalegowda"s wife Puttamadamma, mother-in-law of the 1st plaintiff made an application to the BDA and she was issued with the possession certificate on 22-10-1998. Puttamadamma"s only son Basava, the husband of the 1st plaintiff and father of plaintiffs 2 and 3 also died in the year 1992. THErefore, the plaintiffs being the L.Rs of deceased Basava, who was the only son of Kalegowda and Puttamadamma, are entitled for seeking possession of the suit schedule property from the defendant and apart from that, the plaintiffs also prayed for a declaration to the effect that they are the absolute owners of the suit schedule property and also for cancellation of the Will said to have been executed by Puttamadamma in favour of the defendant and Nanjamma, another daughter of Puttamadamma.

(3.) AFTER considering the evidence let in by the parties, aforesaid issues were answered as under: Issue No. 1: Negative. Issue No.2: Negative, but liable to be cancelled. Issue No. 3: Entitled. Issue No. 4: Entitled but the same shall be ascertained by separate proceedings to be initiated by the plaintiffs under Order 20, Rule 12 of the Civil Procedure Code. Issue No. 5: Entitled to the reliefs to the extent stated above. Issue No. 6: See as per order below.