B N VISHVESWARIAH Vs. USHA SUBBARAOWILL

JUDGEMENT

(1.) dr. N.s. nanjundiah died on 28-7-1938, leaving behind his wife nadiga nanjamma and five sons by name b.n. subbarao, b.n. vishveswaraiah, b.n. rama rao, b.n. ganesh rao, b.n. shankar, out of whom as on the date of presentation of this original suit number 10555 of 1980, two sons by name b.n. subba rao, b.n. shankar had expired. The suit was filed by usha subba rao wife of late b.n. subba rao who is the plaintiff and nadiga nanjamma and her three surviving sons are defendants, defendants one to four in the original cause.

(2.) few facts to state are:plaintiff has sought partition of suit schedule properties on the assumption that suit schedule properties as being the self-acquired properties of her late father-in-law namely Dr. N.s. nanjundiah and that her late husband b.n. subba rao having succeeded to the estate by virtue of he being the legal heir to whom 1/5 share was devolved after the death of Dr. N.s. nanjundiah. Further plaintiff has pleaded that by virtue of the will executed by her late father-in-law, her late husband having got his share quantified at l/5th share in the suit schedule properties, and since defendants have not made any arrangements to divide the schedule properties by metes and bounds, necessity arose for her to file the suit. The geneological tree of the family being: Dr. N.s. nanjundiah (died on 28-7-1938) = nadiga nanjamma (died on 28-3-1959) <FRM>JUDGEMENT_241_KANTLJ4_1994Html1.htm</FRM>

(3.) further plaintiff has pleaded that first defendant nadigananjamma was entrusted to manage and control the family properties under the will dated 13-3-1935 executed by Dr. N.s. nanjundiah. <FRM>JUDGEMENT_241_KANTLJ4_1994Html2.htm</FRM>