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2006 Supreme(Ori) 624

S.B.SINHA, DALVEER BHANDARI
M. Gurudas – Appellant
Versus
Rasaranjan – Respondent


JUDGMENT

S. B. SINHA, J. — Leave granted in S.L.Ps.

2. These appeals involving common questions of law and fact and having arisen from a common judgment were taken up for hearing together and are being disposed of by this common judg¬ment.

3. One M. Obalappa was the owner of the property. He had three sons, viz., Nagappa, Obalappa and Kadarappa. M. Obalappa died in 1889. Nagappa separated himself in the year 1913. Obalap¬pa and Kadarappa were, thus, in joint possession of the proper¬ties in suit. Obalappa died in 1949. He had no issue. The plain¬tiffs-respondents are said to be the heirs of the natural daugh¬ter of Kadarappa, viz., Nirmala. Allegedly, she was adopted by Obalappa during his lifetime. Kadarappa died in 1961 leaving seven sons and one daughter Nirmala, whose heirs and legal repre¬sentatives of the plaintiffs claimed themselves, she died in the year 1999. The children of Kadarappa, Gurudas and Others, and their sons, Sagunarthy and Shivarthy, are the Appellants in Civil Appeals arising out of SLP (C) No.12 of 2006 and 843-44 of 2006 respectively.

4. The properties involve Survey No.97/2 Old No.46-C, Doddabylakhana, Lalbagh Road, Bangalore and Survey No.66 and 75/1, Sar





















































































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