LILLY THERESA Vs. ROSE MARY

JUDGEMENT

(1.) HEARD the learned counsel for the appellant. The learned counsel for the respondents are absent.

(2.) THE appellant was the second defendant before the court below. It was the case of the plaintiffs that the suit property bearing site No. 16 of Anjinappa Garden, New Layout, I Cross, Mysore Road, Bangalore -18, measuring East to West 30' + 23'/2 and North to South 30' bounded on the East by site No.15, West by road, North by site No.17 and South by road, with a house thereon. The plaintiffs are said to have filed the suit against defendants 1 to 3 in the first instance and thereafter the other defendants were impleaded. It was the case of the plaintiffs that one Sarangapani had four sons namely, defendant No.1 Sathiyanathan, Anthonydas, Gnanaprakash and Susainathan. Except defendant No.1, the other sons were stated to be no more. Even Sarangapani was no more. The plaintiff No.1 was the widow and plaintiff No.2 was the son of Anthonydas. Defendant No.2 was the widow of Gnanaprakash and defendant No.3 is the widow of Susainathan. It was the case of the plaintiffs that in the year 1959, the City Improvement Trust Board (hereinafter referred to as 'CITB', for brevity), Bangalore had formed a new layout in Mysore Road namely Anjinappa Garden, New Layout.

(3.) IT was the case of the plaintiffs that in the year 1966 there was an oral understanding between the sons of late Sarangapani to effect partition of the suit site. Since Sarangapani was old and infirm, and was not able to follow up with the CITB, insofar as the sale transaction was concerned, he had requested the CITB to transfer the suit site in the name of the second son namely Gnanaprakash. Accordingly the suit site was transferred in the name of Gnanaprakash and possession certificate of suit site was also issued in the name of Gnanaprakash. It was the case of the plaintiffs that though the suit site was transferred in the name of Gnanaprakash and the CITB had issued possession certificate also in his name, the suit site was granted in favour of the joint family of Sarangapani and that they had jointly constructed a house with contribution from Anthonydas and Susainathan and they were all residing in the same building.