http://JUDIS.NIC.IN

SUPREME COURT OF INDIA

Page 1 of 10

CASE NO.:

Appeal (civil) 4101 of 2006

PETITIONER:

M. Gurudas & Ors.

RESPONDENT:

Rasaranjan & Ors.

DATE OF JUDGMENT: 13/09/2006

BENCH:

S.B. Sinha & Dalveer Bhandari

JUDGMENT:

J U D G M E N T

[Arising out of SLP (Civil) No. 12 of 2006]

WITH

CIVIL APPEAL NO. 4102 OF 2006

[Arising out of SLP (Civil) No. 843-844 of 2006]

S.B. SINHA, J :

Leave granted in S.L.Ps.

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 judgment.

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. Obalappa and

Kadarappa were, thus, in joint possession of the properties in suit.

Obalappa died in 1949. He had no issue. The plaintiffs-respondents are

said to be the heirs of the natural daughter of Kadarappa, viz., Nirmala.

Allegedly, she was adopted by Obalappa during his life time. Ka