L R SRINIVASA Vs. SAROJAMMA

JUDGEMENT

(1.) This Regular Second Appeal is preferred by the defendants in original suit No.283/1997 which was dismissed on 16.10.2001 by the Principal II Civil Judge (Jr.Dn.), Bangalore Rural District, Bangalore and being aggrieved by the judgment of the First Appellate Court in R.A.No.16/2002 dated 17.08.2006 passed by the Fast Track Court-II, Bangalore Rural District, Bangalore.

(2.) The parties shall be referred to as per their status before the Trial Court.

(3.) The brief facts of the case are as follows: One Sri Nanjunadappa had two daughters by name Smt. Lakshmamma and Smt. Kenchamma. Sri Nanjundappa executed a Settlement Deed dated 10.7.1965 which was duly registered on 16.7.1965. As per the recitals in the settlement deed, Sri Nanjundappa had several self-acquired properties and since he had no male issues, he intended to settle the properties amongst his daughters and the eldest son of Smt.Lakshmamma i.e., A.Srinivas who is the defendant No.1 in the suit. Defendant No.1 has been referred to as A.Srinivas and L.R.Srinivas in many places. Suffice to say that both the names refer to the same person. Though there are several items of immoveable properties in the Deed of Settlement, the property in question or the suit schedule property pertains to only one item. It is a house site measuring 25' x 15' situated at Gottigere Village, within the gramtana limits, settled in favour of the second daughter Smt.Kenchamma. It is pertinent to notice the boundaries of the suit schedule property. Towards the north of the suit schedule property is the property settled in favour of A.Srinivas and it consists of a house. It is suffice to notice that one of the properties that was given in favour of A.Srinivas, is the property which was lying to the northern side of the suit schedule property. The importance of this aspect will be discussed at a later stage.