STUMPP SCHEULE AND SOMAPPA P LTD Vs. CHANDRAPPA

JUDGEMENT

(1.) This appeal has been preferred by defendant-1 against the judgment and decree dated June 14, 1972 made in O.S. No. 12 of 1968, on the file of the Principal Civil Judge, Bangalore District, Bangalore.

(2.) Briefly stated the facts are these : A small plot of land measuring 1 acero 13 guntas in S. No. 139/2 described in the plaint as schedule 'A' is the subject matter of the litigation. It appears to be a valuable piece of land and perhaps the only asset of the plaintiff. It is situated near Koramangala Layout in Bangalore City. It lies adjacent to Bangalore-Hosur Road, the life-line between Bangalore and Madras. It is located amidst big factories, colleges, hospitals and residential buildings.

(3.) There is a triangular fight for the suit land. Plaintiff claims to be the owner in possession of that land and he traces his title as follows : Dodda Annaiah Reddy and Chikka Annaiah Reddy were two of his predecessors. They were brothers. They were members of a Joint Hindu Family. Chikka Annaiah Reddy died leaving behind his son Pillappa. The family owned among other lands, S.No.139 of Kormangala village measur-ing 8 acres 23 guntas On March 4, 1920, there was a parti-tion in the family between the two branches of family represented by Dodda Annaiah Reddy and Pillappa. That partition was evidenced by a registered deed Ex. P-8. In the said partition, northern half was alotted to pillappa's branch and southern half was allotted to Dodda Annaiah's branch. In 1943, there was a further parttiion in the branch of family of Dodda Annaiah. It is evidenced by Ex. P-7, dated March 15, 1943. One of the properties included in that partition was No. 139, measuring 4 acres 20 guntas. That was the very property allotted to that branch under Ex. P-8. Although the deed of partition Ex. P-7 recited that the properties of the branch family were equally divided among five sons of Dodda Annaiah, S, No. 139 measuring 4 acres 20 Gs. was, however, shared only by four of his sons. That is clear from the schedule of properties given to each of those four sons,