VENKATARAMANA ALIAS VENKAPPA ANNAYYA HEGDE Vs. GANPATHI

JUDGEMENT

(1.) THE present case stares as glaring example of the laws delay denting the image of the system. The litigating parties almost have completed the substantial life span and the litigation is almost at the verge of celebrating golden jubilee.

(2.) THE names of the ancestors are bit confusing because several persons bear similar names. One Venkappa is the propositus dies leaving behind two sons by name Venkappa and Ganpaiah @ sannappa. The first son Venkappa has two sons by name Dodda Venkappa and naranappa. The progeny of the latter becomes extinct. Dodda Venkappa adopts the plaintiffs father who is none other than the natural brother of the first defendant. In the branch of Ganapaiah @ Sannappa there are three sons namely (1) Devappa (2) Sanna venkappa. (3) Thimmaraya who died issue-less. The children of Devappa branch remained separate. The first partition in the family takes place in the year 1885 granting shares to Dodda Venkappa, Devappa and sanna Venkappa. The plaintiffs father was taken in adoption by Dodda Venkappa. During minority of plaintiffs father Annalah, dodda Venkappa died. The natural mother of Annalah predeceased her husband thereby his natural father becomes disinterested in worldly activities. Uncle Devappa takes over the management of properties of sannappa and Dodda Venkappa and so also takes care of minor Annaiah (father of the plaintiff) and minor children of Dodda venkappa.

(3.) THE division of properties made in the registered deed of 1885 is kept intact during the management of Devappa. After annaiah attaining majority in the year 1905 devappa redelivered the possession of the properties to Annaiah under registered document Ex. 45. without mix-up or amalgamation of the divided property between dodda Venkappa and Sanna Venkappa. As per the recitals in Ex. 45 Devappa constructed 24 Ankanas house. 12 Ankanas was delivered to Annaiah. The said house is shown to be constructed in the area of sy. No. 109 that had fallen to the share of dodda Venkappa. The rest of the 12 ankanas of the house is taken by Devappa. In the year 1925 Annaiah dies. The plaintiff was still a minor. The first defendant who is the natural brother of Annaiah takes over the management of the estate and takes care of the plaintiff who was a minor. The facts till this stage are not in controversy.