NARAYAN Vs. VATSALA

JUDGEMENT

(1.) R .S.A. No.1365/2005 has arisen out of a judgment and decree passed in O.S. No. 115/1988 which was pending on the file of Court of Civil Judge (Sr. Dn.), Sirsi and confirmed in R.A. No. 6/2000 which was pending on the file of the District Court, U.K. at Karwar. R.S.A. No. 1366/2005 has also arisen out of a judgment and decree passed in O.S. No. 32/1990 which was pending on the file of Court of Civil Judge (Sr. Dn.), Sirsi and confirmed in R.A. No. 7/2000 which was pending on the file of the District Court, U.K. at Karwar. R.A. No. 6/2000 and 7/2000 had been clubbed to dispose of the same by a common judgment. Similarly, the above two suits had also been clubbed before the trial Court to pass a common judgment.

(2.) FIRST appellant Narayan Dattu Shetty in R.S.A.No. 1365/2005 was defendant no. 4 in O.S. No. 115/1988. Second appellant -deceased Kalyani was the first defendant in the said suit. Respondent nos.1 to 3 herein were plaintiff nos.1 to 3 in the said suit. Second defendant Aahalyabai died during the pendency of the appeals and hence her legal representatives have been brought on record as R2A to R2F. Similarly, first appellant, Narayan also died during the pendency of this appeal and hence his legal representatives have been brought on record as R1A to R1D. Similarly, legal representatives of deceased appellant Kalyani and Narayan have been brought on record in connected R.A. No. 1366/05 and the legal representatives of Aahalyabai, the deceased second respondent have also been brought on record. Parties will be referred to as plaintiffs and defendants as per their ranking given in the trial Court.

(3.) BEFORE discussing the facts of the case it is better to know the genealogy. One lady by name Rathna Bai had a son by name Datta Ram Ganapathi Shet and 4 daughters namely Ahalyabaiplaintiff no.2, Tarabai dead by her daughter Sushilabai -plaintiff no.3, Kalyanibai -defendant no.1 survived by Anand Dattu Shetdefendant no.2, Ashok Dattu Shet -defendant no.3 and Narayan Dattu Shet -defendant no.4, and Vatsalabai -plaintiff no.1. Vatsalabai, Ahalyabai and Sushilabai chose to file a suit for the relief of declaration of title and permanent injunction and alternatively for partition and separate possession of 3/4th share in the suit schedule property measuring 28 guntas in sy. No.10 and 7.21 acres in sy. No. 11 of Koppa village, Mundgod Circle, Mundgod Taluk, U.K. District. The said suit was filed by the plaintiffs against Kalyanibai -first defendant and her 3 children Anand, Ashok and Narayan, defendant nos.2 to 4. According to the plaintiffs, suit schedule lands in question had been granted to their elder brother Datta Ram under a scheme. The said Datta Ram left the house and his whereabouts have not been known for more than 35 years and as such Rathnabai, the mother of plaintiffs and first defendant had been looking after the said lands. Rathna Bai, the mother of plaintiffs 1 and 2 and defendant no.1 died in the year 1970 and plaintiffs and defendant no.1 have inherited the said property and as such they have 1/4th share each. According to the plaintiffs, the jurisdictional Sub Divisional Asst. Commissioner has treated the plaintiffs and first defendant as the joint owners of the properties in question.