JAYAMMA Vs. K.LINGAMMA

JUDGEMENT

(1.) This appeal is filed by the appellants-defendant Nos.1 and 2 challenging the judgment and decree passed in O.S.No.5722/2003 dated 30.10.2009 on the file of the XII Additional City Civil and Sessions Judge at Bengaluru, decreeing the suit holding that the plaintiffs are entitled for 10/11th share in the suit property and defendant No.2 is entitled for 1/11th share in the suit property.

(2.) The parties are referred to as per their original rankings before the Trial Court to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that the respondents-plaintiffs herein have filed a suit for decree of possession directing the appellants-defendants to quit, vacate and deliver vacant possession of the suit schedule property and for determination of the mesne profits claiming that suit property is vacant site measuring East to West 30 feet and North to South 40 feet with a Shed bearing No.15/1 situate at 2nd Main, Marenahalli Extension, Vijayanagar, Bengaluru which is morefully descried in the schedule was originally owned by C. Boraiah, who was employed as Peon in Commercial Tax Office, having purchased it under a registered sale deed dated 17.06.1974. He had mortgaged the property for a loan that is given to Government Servants for construction of a house and property came to be re-conveyed in the name of plaintiff No.1 on 27.03.1997 since, the first plaintiff is the wife of C. Boraiah. The plaintiff Nos.2 to 10 are the daughters of C. Boraiah. After re- conveyance of the suit schedule property in favour of plaintiff No.1, the khatha was transferred in favour of the plaintiff No.1. The said C. Boraiah passed away on 12.08.1988.