SUBHAN RAO Vs. PARVATHI BAI

JUDGEMENT

(1.) THESE two appeals arise against a common judgment and decree in O. S. Nos. 62/74 and 116/82 and confirmed in R. A. 183/89 and 40/85 and the same facts and question of law is involved in both the appeals. Hence both the appeals are disposed off by this common order.

(2.) BOTH the appeals are filed by the plaintiff to the two suits O. S. 62/74 and O. S. 116/82, on the file of the Principal Civil Judge, Chickodi.

(3.) THE subject matter, involved in the two suits are, 4 items of Agricultural land; 2 items are situate at Belagali village, measuring in all about 36 acres 17 guntas and another 2 items situate at Kabbur village measuring in all 34 acres 37 guntas. According to the plaintiffs these properties originally belonged to one Sadashiva Rao Siddoji Rao Parvathrao Desai (Hereinafter referred to as Siddoji Rao for brevity ). Plaintiff No. 2 Prafulla Devi is the wife of Siddoji Rao, plaintiff No. 1 Subhan Rao Sadashiva Rao is the adopted son of Siddoji Rao (though this adoption was questioned by the defendants to the two suits but the findings of both the Courts below is that he is the "adopted son" ). The said Siddoji Rao had a kept mistress called Gangu Bai from whom a son Ramachandra Rao was born. (He was declared not entitled to inherit Siddoji Rao's property by the earlier binding decision of this Court in RSA. 354/56 (Ex. P. 11 ). Ramachandra Rao's wife is Sundara Bai; The couple had no issues. Sundari Bai was defendant No. 4 to the two suits. Ramachandra Rao died in 1957; Sundari Bai died on 22-7-1979 during the pendency of the proceedings before the trial Court and one Ningavva and Prakash Virupaksha Mahajan claiming as Legal representatives of Sundari Bai under her registered Will were brought on record as defendants No's. 4 (A) and 4 (B ). Parvathi Bai defendant No. 1 to the suit is the purchaser of one of the items of suit property bearing Sy. No. 262 of Kabbur village, Deepak and Vinayak defendants 2 and 3 to the suit are purchasers of another item of Belagali village in revision survey No. 3 from Sundara Bai.