SHARADA SEVA TRUST Vs. RAMAKRISHNA VIVEKANAND CENTRE

JUDGEMENT

(1.) The present second appeal is preferred by defendant Nos.1, 5 and 7 assailing the judgment and decree dtd. 7/9/2012 in R.A.No.104/2008 on the file of the Prl. District Judge, Ballari confirming the judgment and decree dtd. 9/6/2008 in O.S.No.199/2007 on the file of the Prl. Civil Judge, (Sr.Dn.) and CJM, Ballari.

(2.) The respondent-plaintiff filed a suit for declaration and possession in respect of the suit schedule property which is an open site of land situated in T.S.No.729 Block No.20 in Ward No.16 (present Ward No.18) (hereinafter referred to as "the suit schedule property" for short). It is the case of the plaintiff that the plaintiff is Sri Ramakrishna Vivekananda Centre (hereinafter referred to as "the Centre" for the sake of convenience) registered under the Karnataka Societies Registration Act, 1960 and the Centre came into existence to impart, promote and propagate ideals and philosophical teachings of Sri Ramakrishna Paramahansa and Swami Vivekananda. The Centre was registered on 6/1/1963 and as per the decision of the General Body Meeting of the Centre, a sub-committee was constituted and identified 1.04 acres of land belonging to one Vasanthamma and late H. Seetharama Reddy for construction of centenary hall of the Centre. Late H. Seetharama Reddy volunteered to make a gift of the suit schedule property and one Allum Karibasappa purchased the adjacent property belonging to B.K. Vasanthamma and in turn, by executing a gift deed in favour of the Centre, handed over Plot No.65 to the plaintiff- Centre. The properties of H. Seetharama Reddy and property purchased by Sri Allum Karibasappa are situated adjacent to each other. The plaintiff-Centre obtained permission from the Municipality and foundation stone was laid for the Centre and the portraits of Sri Ramakrishna, Holy mother Sharadadevi and Sri Vivekananda Swami were installed in the property. Since 1963, the Centre has been in possession of the property measuring 1.04 acres. The said H. Seetharama Reddy died in the year 1972.

(3.) This being the situation, in the month of March, 1980 another registered society under the name and style of Jana Kalyana Kendra, approached the Centre with a proposal that, they will locate an educational institution in the vacant premises of the Centre. The then President of the plaintiff-Centre was the active member of Jana Kalyana Kendra and the office bearers of the said Kendra, especially Bahaddur Sheshagiri Rao has floated the idea of establishing a trust under the name and style of Sharada Seva Trust (hereinafter referred to as "the Trust" for the sake of convenience) giving an impression that it is an allied and sister organization of the Centre. In the year 1983, Panduranga Reddy son of H.Seetharama Reddy - defendant No.8 executed a gift deed in favour of the said trust in respect of the suit schedule property, which was donated by his father late H. Seetharama Reddy to the Centre. It is stated that defendant No.8 - H. Pandurang Reddy had no right over the property as on the date of execution of the gift deed, since 1963 the Centre has been in actual possession and enjoyment of the suit schedule property.