BADIGERA VEERAVVA Vs. BADIGERA BHADRACHARI

JUDGEMENT

(1.) THE defendants are the appellants. The suit for permanent injunction in original suit No. 24 of 1982 was decreed by the learned munsiff harapanahalli on 14-3-1983. On appeal in regular appeal No. 15 of 1983, the learned civil judge, hospet confirmed the judgment and decree of the trial court and dismissed the appeal on 30-11-1985. Hence, the second appeal.

(2.) THE plaintiffs are the sons of one badagere veerappa who died on 9-11-1954. Badigera veerappa was also known as gedde veerappa, in the village. The said veerappa had a brother by, name badigera rudrappa who died on 21-11-1934, leaving the first defendant and one honnavva, being the daughter through his second wife lakshmawa. The said honnawa is now dead, the father of defendants 2 to 4, mallajja and one badigera shankerappa are the sons of late sirasawa who is the daughter of the first wife of rudrappa and who pre-deceased her father. the first defendant's father rudrappa executed a registered will dated 19-11-1934, bequeathing all the properties to the first defendant for life time creating life interest in favour of the first defendant and his sister honnawa and ultimately, the properties should go to the plaintiffs father veerappa. Though there are other dispositions under the will, the plaintiffs are concerned only with the bequeath made in favour of veerappa, which is to take effect after the life time of the first defendant and his sister honnawa. Honnawa is dead as mentioned above and the first defendant can have only a life interest over the property. The plaintiffs' father having died about 20 years ago, vesting under the will has taken place, which however remains suspended, during the life time of the first defendant. Now the first defendant along with defendants 2 to 4 are contemplating to sell away the property to defendant 5. Therefore, they have come forward with the suit for injunction restraining defendants 1 to 4 from alienating the property either in favour of defendant 5 or anybody and also for injunction restraining the fifth defendant from obtaining the registered deed in respect of the suit property.

(3.) IN the written statement filed by the first defendant it was claimed that the plaintiffs' father died on 9-11-1954 and though the properties given to the first defendant to enjoy during his life time, the property has become absolute in her hand under Section 14 (1) of the hindu Succession Act and therefore she has every right to alienate the properties in favour of the fifth defendant. They also contended that the suit is premature.