JOHN WESLY MANNUAL Vs. M VANAJAKSHI

JUDGEMENT

(1.) This is Plaintiff's second appeal challenging the judgment and decree passed in R.A. No. 207 of 2004, dated 1-2-2005 on the file of the District Judge, Mandya, wherein the judgment and decree passed in O.S. No. 560 of 1990, dated 22-8-2000 on the file of the Principal Civil Judge (Junior Division) and Judicial Magistrate of First Class, Mandya, decreeing the suit of the Plaintiff, was reversed.

(2.) The Appellants herein being Plaintiffs in the Trial Court for the sake of convenience the parties herein are referred to by their rank before the Trial Court.

(3.) Said Manuellappa had a brother by name Sanjeevaiah. It is not in dispute that Manuellappa and his elder brother Sanjeevaiah together acquired property bearing site No. 4, measuring 80 x 1171/2 (80 x 120) feet situated at K.R. Road, Christian Colony, Mandya in their joint name. Suit schedule property is half portion of the said property. The said property was acquired by them on 3-2-1936 vide document No. 29/35-36. The property was acquired by them in exchange of their old country tiled house which was taken over by Mandya Town Municipality for development purpose. It is not in dispute that both Sanjeevaiah and Manuellappa constructed two residential houses in the said property in such a way that each one of them would get 50% of property to their share i.e., 40 x 1171/2 (40 x 120) feet, they were in possession and enjoyment of same.