B.SREENIVASE GOWDA
V. Ethiraj – Appellant
Versus
S. Sridevi – Respondent
1. This is the 2nd defendants appeal against the Judgment and Decree of the trial Court, which has decreed the suit in favour of the plaintiff declaring that she is entitled to the half shore in the plaint schedule property.
2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.
3. The subject matter of the suit is the northern portion of the property bearing No. 113, 4th Main, Chamarajapet, Bangalore-560 018, measuring east to west: 27 ft. and north to south: 80 ft., which is morefully described in the schedule to the plaint and hereinafter referred to as "the schedule property".
4. The schedule property originally belonged to Smt. Lokamma @ Sharadamma. She had two daughters by name Smt. Savithramma and Smt. Kanthamma. Smt. Kanthamma had two daughters viz., Smt. S. Sridevi - the plaintiff and Smt. Vijaya, and a son by name S. Prabhakar, the 1st defendant. During the pendency of the suit, Smt. S. Sridevi died and her daughters by name Smt. Nandini, Smt. Namitha R., Smt. Jayashree R., and a son by name Sri. Srinath R., have been brought on record as legal heirs of deceased plaintiff.
5. The case of the plaintiff is tha
S.R. SRJNIVASA AND OTEHRS vs. S. PADVATHAMMA reported in (2010) 5 SCC 274
OMPRAKASH AND OTHERS vs. RADHACHARAN AND OTHERS reported in (2009) 15 SCC 66
V. DANDAPANI CHETTIAR vs. BALASUBRAMANIAN CHETTIAR
BHAGAT RAM (DEAD) BY L.RS vs. TBJA SNGH (DEAD) BY LRS. reported in (2002) 1 SCC 210
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