V. SREEDHARA MURTHY Vs. BRAMHANARA SANGHA (R)

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent.

(2.) This second appeal is filed against concurrent finding of the Trial Court and the First Appellate Court and the Trial Court granted the relief of declaration declaring that plaintiff is the absolute owner of the suit schedule property by virtue of Ex.P3-Will deed and defendant is directed to deliver vacant possession of suit schedule property to the plaintiff-Sangha within three months and if defendant fails to deliver possession, then the plaintiff is at liberty to recover possession under the process of Court and the said judgment has been confirmed in R.A.No.99/2017 dismissing the appeal.

(3.) The factual matrix of case of the plaintiff before the Trial Court is that plaintiff is a Sangha registered under Karnataka Societies Registration Act, 1960. It was formed and registered on 4/10/1980 with an object of doing social and charitable work in the community. Its Secretary is authorized to represent the Sangha and also to institute the suit against the defendant. It is the case of the plaintiff in the suit that one V. Subbamma, daughter of late V. K. Venkateshaiah was the absolute owner in possession of the suit schedule property by virtue of a registered sale deed dtd. 6/4/1971. She has purchased the same from its earlier owner T. Thimmarayappa, son of T. Ramaiah. The municipal records were standing in her name and she was paying taxes to the government. The said V.Subbamma was a retired government employee and she is a divorcee having no issues. She was a member in the plaintiff's Sangha, who used to express her zeal and ambition to bequeath the suit schedule property to the Sangha for the purpose of providing required education and necessities to the poor children. Hence, she has bequeathed the suit schedule property in favour of plaintiff-Sangha through a registered Will dtd. 13/7/2005. It is also contented that she was in a sound disposition of mind and health and also she has expressed her desire that suit schedule property shall go to the plaintiff-Sangha and its income should be used for the purpose of its development. It is also the case of the plaintiff that she died testate on 11/9/2010 and the said Will deed was acted upon. It is also contended that suit schedule property devolved upon the plaintiff and the Secretary of the Sangha has applied to CMC, Kolar for transfer of khatha. The khatha was also transferred in favour of Sangha, but the D.C., Kolar has set aside the same in Municipal Appeal No.8/2011-12 by restoring the khatha in the name of V. Subbamma till the order is passed by a Civil Court. It is contented that said V. Subbamma was living in the suit schedule property by collecting rents from two shopkeepers. After her death, the suit schedule property came to the control and management of the plaintiff by way of testamentary succession. The defendant has no manner of right, title or interest over the suit schedule property, but he has trespassed into the same on 12/10/2010 by breaking open the lock. The defendant remained unauthorisedly in the suit schedule property by taking advantage of absence of office bearers of plaintiff- Sangha. The defendant has not delivered possession of the suit schedule property, inspite of making efforts by the office bearers. Hence, the plaintiff-Sangha has requested the Court to grant the decree with possession.