CHIKKAGANGAMMA Vs. CHUNCHANAKUPPA RUDRIAH

JUDGEMENT

(1.) These two are plaintiff's Second Appeals. She filed Original Suits Nos. 535 and 536 of 1960 in the Court of the Second Munsiff. Bangalore on 26-10-1960. In O. S. No. 535 of 1960 she prayed for a decree declaring that she is entitled to the suit land. In O. S. No. 536 of 1960 she prayed for a decree that she is entitled to the suit house and to direct the first defendant to deliver possession and also to direct an enquiry to be made regarding the rnesne profits.

(2.) Venkataramanachari, who died on 15-3-1942, had as his first wife Thimmakka and a second wife by the same name. The first wife's son was Hanumanthachari and his son is Sanjeevachari, who is the third defendant in O. S. No. 535 of 1960 and the second defendant in O. S. No. 536 of I960. Venkataramachari by his second wife had two sons and a daughter. The sons were Venkatachari and Appavyachari. The daughter is Nanjamma, who is the second defendant in O. S. No. 535 of 1960 and the first defendant in O. S. No. 536 of i960.

(3.) Venkataramachari executed a settlement deed Ex. P-1 on 15-1-1941, which would be a little more than a year prior to his death. His first wife Thimmakka died long before Exhibit P-l. Hanumanthachari died in 1941. The second wife Thimmakka died in 1957. Her first son Venkatachari died in 1939, and her second son Appayyachari died in about April 1960, about six months prior to the filing of the suits.