R. VENKATASWAMY REDDY Vs. SHANTHA ABRAHAM

JUDGEMENT

(1.) R.F.A.No.1135/2013 and R.F.A.No.116/2013 are filed challenging the common judgment and decree dated 24.9.2012 passed in O.S.No.7498/1992 and O.S.No.1611/1994 respectively, on the file of the XIV Additional City Civil Judge, Bangalore (CCH-28).

(2.) The plaintiffs in O.S.No.1611/1994 had filed the suit seeking the relief of declaration that the registered sale deed dated 18.1.1989 executed in favour of defendant No.8 Sri Parabjoth Singh and the registered sale deed dated 14.6.1988 executed in favour of defendant No.11 Smt. Shantha Abraham by late Sri B. V. Ramaswamy Reddy through his Power of Attorney Sri A. Jayarama Reddy in respect of portions of plaint schedule 'A' property are not binding on them. Further to grant permanent injunction in respect of plaint 'C' schedule property in portion of site Nos.1 and 2 described in the plaint 'B' schedule property against defendant No.8.

(3.) The factual matrix of the case of the plaintiffs in O.S.No.1611/1994 are that one Sri Venkataswamy Reddy had two sons, namely Sri B. V. Ramaswamy Reddy and Sri B. V. Krishna Reddy. Plaintiff Nos.1 and 2 are the sons of Sri B. V. Ramaswamy Reddy and plaintiff No.3 is the son of Sri B. V. Krishna Reddy. Sri Venkataswamy Reddy passed away prior to 1956. After his death, his two sons and the plaintiffs constituted an undivided Hindu Joint family. Sri B. V. Ramaswamy Reddy was the kartha of the undivided Hindu Family. The said family was having considerable landed property. The kartha of the family Sri B. V. Ramaswamy Reddy had no other income except the joint family landed property. The joint family was owning a land bearing Survey No.119 of Horamavu Village, which is morefully described in Schedule 'A' to the plaint. Till today the same is in joint possession of the plaintiffs.