NARASAMMA AND OTHERS Vs. A. KRISHNAPPA (DEAD) THROUGH LRS
LAWS(SC)-2020-8-35
SUPREME COURT OF INDIA
Decided on August 26,2020

Narasamma And Others Appellant
VERSUS
A. Krishnappa (Dead) Through Lrs Respondents





Cited Judgements :-

KISHAN KUMAR AGRAWAL VS. REV. ANURAG NATHANIEL EXECUTIVE SECRETARY [LAWS(CHH)-2022-4-25] [REFERRED TO]
RAJEEV KAPOOR VS. JANAK KAPOOR [LAWS(DLH)-2021-12-58] [REFERRED TO]
GOPI @ GOVERDHANNATH (D) VS. SRI BALLABH VYAS [LAWS(SC)-2022-9-107] [REFERRED TO]
DILIP KUMAR MAHOBIA VS. SMT. SUMITRA RANI BAGGA [LAWS(CHH)-2022-4-8] [REFERRED TO]


JUDGEMENT

SANJAY KISHAN KAUL, J. - (1.)A plaint was laid before the City Civil Judge at Bangalore by A. Krishnappa, predecessor-in-interest of the respondents herein (original plaintiff) against Sri Jayaram, predecessor-in-interest of the appellants herein(original defendant) under Order VII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'said Code'), being O.S. No.4268/1989 in respect of the schedule property to the plaint being described as a portion of property bearing Revenue Site No.9, part of Corporation No.2, 2ndmain road, 1st block, Goraguntepalya, Bangalore-22 (hereinafter referred to as 'schedule property').
(2.)The original plaintiff stated that he and his late brother, Mr. A. Muniswamappa, were full and absolute owners of agricultural land measuring 2 acres and 22guntas in Survey No.8/4 of Goraguntepalya, Yeswanthpur Hobli, Bangalore North Taluk. The said land was an ancestral property, and in a family partition drawn among the plaintiff's uncles, the plaintiff and his elder brother by a registered Partition Deed dated 29.8.1956, the said land fell to the share of the plaintiff and his elder brother, Mr. A. Muniswamappa. In a portion of the said land, the two brothers formed a revenue layout and sold the revenue sites to different persons, while retaining some of the sites. The area was subsequently included within the limits of the Corporation of the City of Bangalore (hereinafter referred to as 'the Corporation') for which betterment charges and other taxes were collected by the Corporation. Mr. A. Muniswamappa passed away on 4.9.1988 and was survived by his two wives but no children. The wives were stated to be residing in the residence of the original plaintiff.
(3.)The original plaintiff stated that the Revenue Sites bearing Nos.8 and 9 were assigned as Site No.2 by the Corporation, which collected betterment charges of Rs.4,320/- for both the sites which fell under the aforementioned common Site No. 2. The khata of the property was made out in the name of the original plaintiff who paid taxes and, thus, he claimed full and absolute ownership of the revenue site in question, which was being maintained by him as a karta of the joint family comprising of himself and his late brother, Mr. A. Muniswamappa.
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