LAWS(KAR)-2005-9-40

RANGANAYAKAMMA Vs. K S PRAKASH

Decided On September 21, 2005
RANGANAYAKAMMA Appellant
V/S
K.S.PRAKASH Respondents

JUDGEMENT

(1.) THIS appeal is by the plaintiffs calling in question the legality and validity of the judgment and decree dated 27-5-1997 passed in O. S. 1760/1990 on the file of the XII Addl. City Civil Judge, (CCH 14) Bangalore.

(2.) THE plaint averments, in brief, are : appellants and respondents 3 to 8 are daughters while respondents 1 and 2 the sons of late K. Srinivasulu, Respondents 9 and 10 are the tenants of items 2 and 3 of the suit schedule immovable properties, respectively.

(3.) THE suit is one for partition and separate possession of 1/10th share each, of the plaintiffs, in the suit schedule properties and 1/10th share each, in their mother's 1/3rd share, in item No. 2 to the suit schedule properties. Sri K. Srinivasulu did originall y hail from Dharmavaram, in Cuddappah disrict, of Andhra Pradesh, and having set up business in Bangalore, was eventually a successful silk and cloth merchant. The said K. Srinivasulu died intestate on 22-12-1970 leaving behind extensive properties both movable and immovable said to have been acquired out of his self-exertion, in addition to substantial interests in business undertakings, earning huge profits. Thje plaintiffs assert that when their father commenced business at Bangalore, defendants 1 and 2 were infants and that the properties were never treated as joint family properties but self-acquisitions. Smt. K. Singaramma wife of K. Srinivasulu and mother of plaintiffs and defendants 1 to 8 is said to have died intestate on 10-9-1983.