DAKSHYANAMMA D/O LATE S CHANDRASHEKARAIAH, HINDU AND ORS Vs. C MAHADEVAMMA D/O LATE CHANDRASHEKARAIAH, HINDU AND ORS

JUDGEMENT

(1.) These three first appeals pertain to the same property and between the same parties. Hence, they are disposed of by this common judgment. The property involved in these matters is No. 67/1 situated in 5th Main Road, Chamarajpet, Bangalore. The dispute is between two sisters and in relation to a passage running 4 x 36 feet on the Western side and 2 feet in the middle portion.

(2.) These three appeals arise out of three suits filed by the sisters against each other. O.S. No. 7024/1980 is filed by Smt. Dakshayanamma to declare that she is the exclusive owner of the passage and for permanent injunction. O.S. No. 115/1986 is filled by Smt. Mahadevamma for a declaration that she is entitled to make use of the passage and for injunction. O.S. No. 3870/1987 is also filed by Smt. Dakshanyanamma for a declaration that she is the absolute owner of the passage in question and for a direction to remove the water and drain pipes and manholes and to close the ventilators. The Court below has decreed the suits partly. Being aggrieved by the same, both the sisters are in appeal before this Court.

(3.) The brief facts of the case are, the property in question belonged to S. Chandrasekharaiah, the father of the sisters. Under a registered Will dated 8-6-1971, he bequeathed the property in favour of these two sisters. The front vacant portion was bequeathed in favour of Smt. Mahadevamma and the hind portion comprising of a house was bequeathed in favour of Smt. Dakshayanamma. The 4 feet passage was to be used by Smt. Mahadevamma for three years, during which period she had to construct a house. After three years, the hind portion house and the passage have to be left to Smt. Dakshayanamma.