N.KUMAR, B.SREENIVASE GOWDA
Nagarathnamma – Appellant
Versus
B. Rudriah – Respondent
Certainly. Based on the provided legal document, here are the key points:
The suit is for partition and possession of joint family properties, specifically the schedule lands, which are in the possession of the plaintiffs and their family members (!) (!) .
The properties in question were originally inam lands, vested with the government, and later re-granted jointly to the plaintiffs and the 11th defendant after legal proceedings, which have attained finality (!) (!) (!) (!) .
The plaintiffs have established their entitlement to a 1/3rd share in the properties through the regrant orders, and the title of the plaintiffs to this extent is not in dispute (!) (!) (!) (!) .
The suit for partition is maintainable despite prior proceedings and is not barred by res judicata because the cause of action has arisen anew after the final regrant orders, and the properties are still jointly held (!) (!) (!) .
The suit is not barred by limitation, as the right to seek partition is continuous and subsists as long as the joint family property remains undivided, and the suit was filed within a reasonable period after the re-grant orders (!) (!) (!) .
The non-joinder of all alienees or purchasers from the original co-sharers does not render the suit invalid; such purchasers can be added in final decree proceedings to effect complete partition and settlement of rights (!) (!) (!) .
The defendants' claim of adverse possession is not substantiated because their possession was lawful, based on tenancy or sale transactions made by persons who did not have absolute title, and their possession was not hostile or exclusive for the statutory period (!) (!) (!) .
The conduct of the defendants, including putting up constructions and seeking regularization, does not extinguish the plaintiffs' rights or establish adverse possession, especially since such actions were taken during the pendency of legal proceedings and without lawful title (!) (!) (!) .
The suit for permanent injunction and for demolition of constructions is deferred to the final decree stage, where all legal and equitable considerations, including the legality of constructions and the rights of the parties, will be examined (!) (!) (!) .
The order of re-grant, which has attained finality, confers a valid title to the plaintiffs for their 1/3rd share, and subsequent alienations by the original co-sharers are valid only to the extent of their respective shares, with excess beyond such shares being void (!) (!) .
The legal representatives of deceased parties, including the 11th defendant, who was a co-sharer, continue to be bound by the final re-grant order and the subsequent proceedings, and the suit for partition remains valid (!) (!) .
The suit is properly valued for court fee purposes, and the plaintiffs are entitled to their share of the properties, with the final decree to determine the exact partition and possession (!) (!) .
The principles of estoppel and acquiescence do not bar the plaintiffs from asserting their rights, especially since they have actively participated in proceedings and have not waived their rights through conduct (!) (!) .
The court has the authority to direct the addition of necessary parties, including alienees and purchasers, in the final decree proceedings to ensure complete and effective adjudication of the rights and properties involved (!) (!) .
The suit for partition and possession is thus decreed, with the plaintiffs and the 11th defendant each entitled to a 1/3rd share in the properties, and the question of mandatory injunction will be decided in subsequent final decree proceedings (!) (!) .
Please let me know if you need further elaboration or assistance with drafting or legal analysis.
1. These two appeals arise out of judgment and decree dated 17.02.1998 passed in O.S.No.10311/1983 by the II Addl. City Civil Judge, Bangalore, dismissing the suit as not maintainable and also on the ground that it is barred by Order 9 Rule 9 CPC.
2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.
3. Before setting out the case of each party, it is necessary to set out the events which transpired from the date of institution of the suit till the date of commencement of trial, in order to properly appreciate the controversy between the parties.
FACTUAL MATRIX
4. The plaintiffs initially filed a suit in O.S.No.10311/83 for the relief of permanent injunction restraining the defendants-1 to 11 or anybody claiming under them from putting up any construction or continuing the same in any portion of the land described in the schedule attached to the plaint and for mandatory injunction directing the defendants to pull down the constructions erected on the lands mentioned in the schedule and in the event of their failure to do so, direct demolition of the same through Court at the cost of the defendants. The subject matter o
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