K.T. MAHALINGAIAH Vs. K.V. SHANMUKAIAH

JUDGEMENT

(1.) Sri K.V. Shanmukhaiah - the 1st respondent filed a suit, initially, seeking for declaration and permanent injunction. Subsequently, by way of an amendment he also sought for possession in respect of 'B' schedule property.

(2.) It was his case that one Voggodaiah had a son called Mallaiah and Mallaiah had three sons, namely, Rangaiah, Sannaiah and Voggaiah, who constituted a Hindu Joint Family, which possessed several properties including the suit property. It was stated that khatha in respect of suit property stood in the name of Mallaiah.

(3.) It was also stated that the second son of Mallaiah i.e. Sannaiah had died issueless and his wife had also passed away and as a consequence on the death of Mallaiah his remaining two sons i.e. Voggaiah and Rangaiah had divided their joint family properties several decades ago. It was also stated that the suit property along with other properties had fallen to the share of Voggaiah and he was in possession of the same.