- (1.) These appeals filed against judgment dated 22.2.1999 of the learned Single Judge of the Karnataka High Court represent culmination of the dispute among the heirs of Shri D. Yellappa, who died intestate on 27.03.1978, in relation to his properties.
(2.) Appellant, Y. Nagaraj, is the son of the deceased and respondent Nos.1 to 3 - Smt. Jalajakshi, Smt. Y. Susheela andSmt. Y. Nirmalakumari are his daughters. They are governed by Mitakshara School of Hindu Law as also the provisions of the Hindu Succession Act, 1956 (for short, 'the Act'), for the sake of convenience, they shall hereinafter be referred to with the same description.
(3.) Respondent No. 1 filed O.S. No. 286 of 1979 (renumbered as O.S. No. 4528 of 1980) impleading the appellant and respondent Nos. 2 and 3 as defendants for partition of the properties specified in Schedules 'A' and 'B' into four equal shares by metes and bound and for allotment of one share to her with absolute title and possession. She further prayed that the appellant be directed to give account of the income of the suit schedule properties with effect from 27.3.1978 and pay 1/4 th share to her. In the alternative, she prayed that an inquiry be ordered under Order XXIX Rule 12 of the Code of Civil Procedure (for short, 'the CPC') for determination of mesne profits. The schedules appended to the plaint are extracted below: " :Schedule 'A': (1) Vacant land bearing Kaneshumari No. 130, of Dommasaacha Village, Surjapura Hobli, Anekal Taluk bounded on the East by : Nagi Reddy House West by : Konda Reddy House North by : Road South by : Erappa's land Measuring East West about 42' North-South about 45'. :Schedule 'B': (1) S. No. 96/1, measuring 2 acres and 5 guntas (2) S. No. 108/2, measuring 1 acre 28 guntas (3) S. No. 79/2, measuring 3 acres 35 guntas all these properties situated at Thigala, Chowdadenahalli, Sarjapur Hobli, Anekla Tq, Bangalore Distt., (4) S.No. 205, measuring 1 acre 22 guntas situated at Dommasandra village, Anekla, Taluk. (5) A house bearing D.No. 100, and new Nos. 100/1 and 100/2, measuring about 82' x 21' situated at Susheela Road Doddamavalli, Bangalore.4 (6) Any other property standing in the name of late D. Yellappa, or any of his family members. (7) Jewels worth about Rs. 10,000/- (8) Household utensils worth about Rs. 10,000/- (9) Bank deposits." (As extracted from the judgment of XVII Additional City Civil Judge, Bangalore.) ;