H A VENUGOPAL Vs. H A MURTHY

JUDGEMENT

(1.) This regular first appeal is filed by the appellant first defendant being aggrieved of the judgment and decree dated 03.09.2010 in O S No.9820/1998 on the file of XXVII Additional City Civil Judge, Bengaluru partly decreeing the suit for permanent injunction.

(2.) The facts to be stated in brief are that first respondent filed the suit for relief of permanent injunction and to restrain the second, third and 4th respondents from transferring the khata in the name of the appellant. It is stated, himself and the appellant are sons of one Sri Alasingaraya. They have one brother and four sisters. Their family was a joint and undivided family. Their joint and undivided family acquired several properties, including suit `C Schedule Property. That `C Schedule Property was acquired out of income of the joint and undivided family of their father. The said property was registered in the names of his brothers, namely appellant and Sri Sudarshan and Smt.Sudhamani, wife of the first respondent, who were the Managing Partner and partners, respectively of M/s.VMS Industries & not in the name of the said industry. They were still reckoned as property of the joint and undivided family.

(3.) Sri Alasingaraya, desired to divide the properties and in pursuance thereof, a palupatti dated 25.04.1987 came into being, by which first respondent got suit A schedule property, suit B schedule property fell to the share of the first defendant, appellant, and suit C- schedule property was inherited by his brother, Sri Sudarshan. Suit C Schedule property has been jointly allotted in favour of first respondent and appellant. On 16.12.1998 the appellant without any right over suit-A Schedule property, made an illegal attempt to encroach upon it. It also came to his notice that appellant made an application for effecting khata in respect of both A & B schedule properties in appellant s name. Thereby he got issued a legal notice dated 17.12.1998 not to consider the application for transfer of khata. Hence the suit for the above relief came to be filed.