SAKAMMA Vs. RANGAIAH

JUDGEMENT

(1.) THE L. Rs of the first plaintiff and plaintiffs 2 to 6 are the appellants. The suit for declaration of the plaintiff's title to the suit schedule properties and for injunction, was decreed by the trial Court. On appeal by the defendants, the decree was set aside by allowing the appeal and the suit was dismissed. Hence, the plaintiffs are before this Court in this second appeal.

(2.) THE facts relating to the second appeal are as follows: One Dasegowda had three sons by name Kempanna, Yelavaiah and Rangappa. The family tree of the said Dasegowda is appended below:<IMG>pra._8.jpg</IMG>

(3.) THE second son of Dasegowda, Yelavaiah died in 1920 leaving behind him surviving his widow Lakkamma, and daughter rangamma. After the death of Yelavaiah, his two brothers, Kempanna and Rangappa entered into a compromise with Lakkamma and left the suit properties in her possession in lieu of her maintenance under registered deed dated 4. 10. 1920 with the condition that they should revert back to the aforesaid properties after the demise. Till her death in 1978, she was in possession. By virtue of passing of the Hindu succession Act, she became absolute owner of the property on 15. 6. 1976; consequently, the neither Kempanna nor Rangappa had a right over the same. Her daughter Rangamma was married to one huchaiah and the said Huchaiah died in 1973. Plaintiffs 1 and 2 are the sons of Huchaiah and grand-sons of Lakkamma have succeeded to the suit properties as joint owners from the date of death of said lakkamma i. e. , 3. 3. 1978. Defendant-i is the son of Kempanna and defendants 2 and 3 are the sons of Rangappa were obstructing the possession, defendants 1 and 2 initiated proceedings under Section 145 Cr. P. C. , and had a Receiver appointed, but the said order was nullified by the High Court. Having failed in their attempts, the defendants have filed a complaint under Section 379. Thus, they disturb the possession of the plaintiffs, Therefore, the suit for declaration and injunction was laid by the plaintiffs.