V B RAMAKRISHNA Vs. BANGARAMMA

JUDGEMENT

(1.) THE appeal arises out of the common judgment and decrees passed in O. S. No. 628/80 and 872/80. The appellants are the L. Rs of the deceased plaintiff in O. S. No. 628/80 is filed for declaration of title to A and B schedule properties and permanent injunction against defendants No. 1 and 2 from collecting rents from the tenants, who are in occupation of the C schedule properties. Further seek delivery of possession of the C schedule properties with mesne profits for illegal occupation of the C schedule properties. In the alternative the plaintiff seeks declaration that he is the absolute owner of the entire first item of the A schedule property, for partition and possession of half share in item 2 of the A schedule property and also seek share in the B schedule movable properties which includes gold and silver.

(2.) THE C schedule properties are the first floor portion of the premises bearing No. 137 and 138, which are shown as item 1 of A schedule. The C schedule properties are let out to the tenants. The item (a) and (b) of the C schedule are part of item 1 of the A schedule.

(3.) THE O. S. 872/80 is a counter suit filed by the defendants in O. S. No. 628/80 who are the respondents in the appeals.