Back
2023 Supreme(Online)(KAR) 16454
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2023
BEFORE
THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA
R.F.A.No.1577/2011
BETWEEN:
1.
SRI.N.VENKATARAMA RAJU,
S/O LATE NARAYANASWAMY RAJU,
SINCE DEAD BY THE LRs.,
1(a) SMT. V.SUDHA,
AGED ABOUT 30 YEARS,
1(b) KUM.V.SUKRUTHI,
AGED 8 YEARS,
1(c) BABY HARSHINI,
AGED 4 YEARS,
(b) AND (c) ARE MINORS,
REPRESENTED BY MOTHER AND
NATURAL GUARDIAN S.SUDHA.
1(a) IS THE WIDOW, (b) & (c) ARE THE
DAUGHTERS OF LARE N.VENKATRAMA RAJU
AND ARE RESIDING AT No.134, 1ST MAIN, 1ST CROSS,
VIJAYA BANK LAYOUT, BILEKAHALLI,
BANNERGHATTA ROAD, BANGALORE-76.
2.
SRI.SRINIVASA RAJU,
S/O LATE NARAYANASWAMY, RAJU,
AGED ABOUT 37 YEARS,
R/AT BILEKAHALLI VILLAGE,
BEGUR HOBLI,
BANGALORE SOUTH TALUK.
2
3.
SMT.RUKMINI @ MINI,
SINCE DEAD BY LRs.,
3(a) SRI.S.GOVINDA RAJU,
S/O LATE SANJEEV RAJU,
AGED 60 YEARS,
3(b) SRI.G.MOHAN KUMAR,
S/O S.GOVINDA RAJU,
AGED 38 YEARS,
3(c) SRI.G.RAJESH,
S/O S.GOVINDA RAJU,
AGED 35 YEARS,
3(d) SRI.G.DIVAKAR,
S/O S.GOVINDA RAJU,
AGED 32 YEARS,
ALL ARE R/AT No.123, 16/4,
ITI LAYOUT, MANGAMMANAPALYA,
BANGALORE-560 068.
4.
SMT.PADMA,
W/O LAKSHMIKANTHA RAJU,
D/O LATE NARAYANASWAMY RAJU,
AGED ABOUT 44 YEARS,
R/AT No.20, 3RD CROSS,
ABBAIAYAPPA LAYOUT,
N.S.PALYA, BANGALORE-76.
5.
SMT. VIJAYAMMA,
W/O K.P.NARASARAJU,
LATE NARAYANASWAMY RAJU,
AGED ABOUT 42 YEARS,
R/AT No.502, 1ST MAIN ROAD,
GULPET, KOLAR.
… APPELLANTS
(BY SRI.C.M.NAGABHUSHANA, ADVOCATE)
3
AND:
1.
SRI.CHINNAPPA RAJU,
S/O LATE MUNISWAMY RAJU,
AGED ABOUT 73 YEARS,
RESIDING IN A PORTION OF SY.No.133
OF BILEKAHALLI VILLAGE, NEAR VIJAYA BANK,
COLONY, BANNERGHATTA ROAD,
BEGUR HOBLI BANGALORE-26.
2.
SMT.NALINI R.SHETTY,
W/O M.J.RAI,
AGED ABOUT 54 YEARS,
R/AT No.17, N.S.IYENGAR STREET,
SHESHADRIPURAM,
BANGALORE-20.
3.
SRI.VENKATA RAJU,
DEAD BY LRs.,
3(a) SMT. GIRIJA,
W/O VENKATA RAJU,
AGED 60 YEARS,
3(b) SRI.SANTHOSH.V.
S/O VENKATA RAJU,
AGED 39 YEARS,
3(c) SMT.NAVANEETHA.V.
D/O VENKATA RAJU,
W/O SRINIVAS RAJU,
AGED 43 YEARS,
3(d) SMT.LAKSHMI.V.
D/O VENKATA RAJU,
W/O SRINIVAS RAJU,
AGED 37 YEARS,
3(e) SMT.SOWMYA.V.,
D/O VENKATA RAJU,
4
W/O SRINIVAS RAJU,
AGED 35 YEARS,
ALL ARE RESIDING AT FLAT No.006,
COMFORT FLORA APARTMENTS,
Sy.No.134/3A, 5TH AND 6TH MAIN,
4TH CROSS, VIJAYA BANK LAYOUT,
BILEKAHALLI,
BANGALORE – 560 076.
… RESPONDENTS
(BY SRI.K.KVASANTH AND SRI.G.BALAJI NAIDU, ADV.,
FOR R-1;
SRI.Y.K.NARAYANA SHARMA, ADV., FOR R-2;
SRI.R.KALYAN, ADV., FOR R-3(a TO e))
THIS APPEAL IS FILED UNDER SECTION 96, ORDER XLI
RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED:11.08.2011 PASSED IN O.S.No.8828/2003 ON THE
FILE
OF
THE
XXXVIII-ADDITIONAL
CITY
CIVIL
AND
SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR
THE DECLARATION AND PERMANENT INJUNCTION.
THIS APPEAL HAVING BEEN HEARD AND RESERVED
FOR
ON
01.03.2023,
COMING
ON
PRONOUNCEMENT THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
5
JUDGMENT
On 11.12.2003, Chinnappa Raju, along with Nalini
Shetty, instituted a suit seeking for a declaration that he was
the absolute owner in respect of 1 acre 30 guntas of land in
Sy.No.133 of Bilekahalli village.
He also sought for a declaration that he and the 2nd
plaintiff-Nalini Shetty were in possession and enjoyment of 32
guntas of land and 8 guntas of land in Sy.No.133 of
Bilekahalli village which was described as ‘B’ and ‘C’ schedule
to the plaint.
A declaration was also sought that Chinnappa Raju was
alone entitled to receive the entire compensation amount
including the enhanced compensation and all other amounts
in that regard in respect of 30 guntas of land in Sy.No.133 of
Bilekahalli from the concerned authorities.
It was stated that one Muniswamy Raju had four
children
i.e.,
Narayanaswamy
Raju
(defendant
No.1),
Chinnappa Raju (plaintiff No.1), Venkata Raju (defendant
No.7) and a daughter called Acchamma. He stated that the
6
joint family comprising of his father Muniswamy Raju, his
elder brother Narayanaswamy Raju, Chinnappa Raju himself
and his younger brother Venkata Raju were jointly cultivating
Sy.No.130 of Bilekahalli village. He stated that though his
father sold the said land bearing Sy.No.130, they had
continued cultivating the land as tenants and they had thus
been earning an adequate income. He also stated that they
had also taken on lease the adjacent land bearing Sy.No.129
apart from rearing 6 cows and 8 buffaloes and were also
trading in guavas. He, thus, stated that the family had more
than sufficient income from these agricultural activities.
He also stated that in the year 1961, he had taken up a
course in the Industrial Training Institute (ITI) and had
thereafter been employed in the Bharath Electronics Limited
(BEL) on a monthly salary of Rs.500. He stated that he
earned a promotion in the year 1967 and was started getting
a monthly salary of Rs.1,100/- and he was given a further
promotion in the year 1973 as a technical assistant and had
started earning Rs.3000/- per month. Chinnappa Raju stated
that he was paying the entire salary that he was receiving to
his elder brother Narayanaswamy Raju.
7
6.
He stated that on 23.04.1969, the joint family had
purchased 4 acres 26 guntas of land in Sy.No. 133 for
Rs.17,500/- by way of a registered Sale Deed. He stated that
on 11.02.1970, the joint family also acquired 1 acre 17
guntas of land in Sy.No.132/1B for Rs.6,000/-. He stated that
by another Sale Deed dated 20.03.1974, the family had
acquired 38 guntas of land in Sy.No.132/2. He stated that
under two registered Sale Deeds, the joint family had
acquired
Sy.No.134/3A
measuring
22
guntas
and
Sy.No.134/3 measuring 18 guntas.
7.
He submitted that the owner of land bearing Sy.No.130
started insisting upon the family of Chinnappa Raju to vacate
and as a consequence, the house was constructed in land
bearing Sy.No.134/3.
8.
He stated that in the month of October 1981, there was
an oral partition in the family, and this was subsequently
reduced into writing on 06.12.1981. According to him, under
this partition, 1 acre 30 guntas in Sy.No.133 had been
allotted to him and had been indicated as ‘B’ schedule in the
Palupatti.
8
9.
He stated that remaining land measuring 2 acres 34
guntas in Sy.No.133 and the other two items of land bearing
Sy.No.132/2 and 132/1B which had been classified as ‘A’
schedule in the Palupatti had been allotted to his elder
brother Narayanaswamy Raju.
10.
He lastly stated that the land bearing Sy.No.134/3 and
134/3B which were converted land measuring 1 acre had
been allotted to his younger brother Venkata Raju (defendant
No.7). It was also stated that having regard to the value of
this converted land, it was agreed that defendant No.7 had to
pay a sum of Rs.50,000/- to him.
11.
Chinnappa Raju also contended that he had obtained a
licence to construct a poultry farm and since 1982 he was
runni
