PADMA T.L Vs. SAROJAMMA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the appellant.

(2.) This appeal is filed challenging the judgment and decree dtd. 28/6/2017 passed in R.A.No.21/2015 on the file of the Principal District Judge, Tumakuru.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that her father T K Laxmana @ T K Laxmanappa died in the year 2007 leaving behind the plaintiff and defendant Nos.2 to 13 as sole successors. It is also contended that the said T K Laxmana got released from his joint family by executing the release deed dtd. 22/12/1949. It is contended that her father commenced petty engineering work at Garden road, Tumkur. Due to joint efforts and hard labour of the plaintiff and defendant Nos.3, 8, 12, T L Parthasarathy, deceased T L Anandha Babu, T K Laxmana @ Laxmanappa established the industry under the name and style "Jaya Laxmi Industries and Engineering Work" at Garden Road, Tumkur. Out of the income derived from the industries, her father purchased item Nos.1 and 2 in the suit 'A' schedule in his name under the sale deed dtd. 29/7/1962 and item Nos.1 to 21 of 'B' schedule are also purchased by her father out of the income derived from the joint family. T K Ramanna @ Ramaiah who is none other than younger brother of plaintiff's father by his tricking and deceptive tactics became very close to T K Laxmana @ T K Laxmanappa. The things have gone to the extent that T K Laxmana does not carry his work without saying by T K Ramanna. All the children of T K Laxmana @ T K Laxmanappa were under the care and control of his father even after their marriage.