CHINNAMMA Vs. DEVANGA SANGHA

JUDGEMENT

(1.) The above appeal is filed against the decree passed in Original Suit No. 210 of 1964 on the file of the Civil Judge of Bangalore City. The said suit was originally instituted on 11-7-1961 in Original Suit No. 40 of 1961 on the file of the District Judge. Bangalore, and was later on transferred to the file of the learned Civil Judge under the provisions of the Mysore Civil Courts Act. 1964.

(2.) The suit was instituted by the Devanga Sangha which is a Society registered under the Mysore Societies Registration Act 1904 (hereinafter referred to as the plaintiff), for a declaration that the property described in the schedule attached to the plaint belonged to it and for possession of the same. A claim for damages of Rs. 855.60 till the date of suit and for future mesne profits was also made in the plaint. The suit property is a house bearing No. 13 and situated in 11th Cross Street. Cubbonpet, Bangalore City, and its market value on the date of the suit was stated to be Rs. 20,000/-.

(3.) The plaintiff based its claim to the suit property on a registered Sift deed dated 28-12-1960 said to have been executed by one Kenchamma. Kenchamma was the widow of a certain Muddappa who died on 10-6-1956. Defendant 1 Chinnamma is the daughter of Muddappa by his first wife. After the death of Chmnamrna's mother, Muddappa married Kenchamma. Chinnamma defendant 1 was given in marriage to one Bommanna and even after her marriage defendant 1 continued to live with Muddappa along with her husband Bommanna. Defendant 2 is the son of defendant 1. Bommanna the husband of defendant 1 died in or about the year 1936 when defendant 2 was only three months old. Even after the death of Bommanna, defendants 1 and 2 continued to be under the care and protection of Muddappa till his death in 1956. At the time of the death of Muddappa there were two immoveable properties standing in his name and the suit property was one of them. The other property which was also a house, was sold by Kenchamma and defendants 1 and 2 under a registered sale deed dated 13-8-1959 for a sum of Rs. 13,500/-. Tn one part of the suit property. Kenchamma and defendants 1 and 2 were residing and in another portion they had installed power looms which were being run by them and the remaining portions of the property had been leased out in favour of defendants 3 to 6.