Partition suit over four properties of K.Puttaswamy; plaintiff sought 1/6th share. Trial Court decreed 1/6th shares to all heirs. Appellant argued his sisters' registered relinquishment deed gave him their shares in item No.3. High Court allowed the appeal, modifying the decree to declare appellant owner of 5/6th share of item No.3.
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NC: 2024:KHC:37424 RFA No. 737 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL No.737 OF 2015 (PAR/POS)
BETWEEN:
…APPELLANT
(BY SRI PRASANNA V.R, ADVOCATE)
AND:
Digitally signed by MALATESH K C
Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:37424 RFA No. 737 of 2015
W/O RUDRESH, R/AT NO.6/A, 3RD CROSS, GROUND FLOOR, BAPUJINAGAR, MYSORE BENGALURU-560 026.
…RESPONDENTS
(BY SRI. R HARINATH, ADVOCATE FOR R1; R2 AND R4 ARE SERVED AND UNREPRESENTED;
VIDE ORDER DATED 06.02.2024 NOTICE TO R3 AND R5 IS HELD SUFFICIENT)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.02.2015 PASSED IN O.S NO.6695/2009 ON THE FILE OF THE XXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-39), PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Heard Sri Prasanna V.R, learned counsel appellant and Sri
R.Harinath, learned counsel for respondent No.1.
“SCHEDULE PROPERTIES
1. All that piece and parcel of the vacant house property bearing No.6/3-11 measuring East to West 75 feet and North to South 30 feet situated at Byatarayanapura, Corporation Division No.24, Mysore Road, Bangalore-26 and bounded on:
East by : Private property, West by : Vrushabhavathi river, North by : Mayamma’s property, South by : Sharadamma and Mayamma’s property.
2. All that piece and parcel of the vacant house property bearing No.6/3-11 measuring East to West 33 feet and North to South 66 feet situated at Byatarayanapura,
NC: 2024:KHC:37424 RFA No. 737 of 2015
Corporation Division No.24, Mysore Road, Bangalore-26 and bounded on:
East by : Private property, West by : Sharadamma’s property, North by : Private property, South by : Boramma’s property.
3. All that piece and parcel of the vacant house property bearing No.6/A measuring East to West 25 feet and North to South 40 feet consisting of ground, first and second floor house building, situated at 3rd Cross, Bapujinagar, Mysore Road, Bangalore-26 and bounded on:
East by : House No.5/B, West by : House No.6/B, North by : House No.21/B, South by : Sharadamma and Mayamma’s property.
4. All that piece and parcel of the vacant house property bearing No.37, measuring East to West 15.6 feet and North to South 27 feet consisting of ground, first and second floor building, situated at 3rd Cross, Bapujinagar, Mysore Road, Bangalore-26 and bounded on:
East by : Site No.37/A, West by : Road, North by : Road, South by : Site No.36.
A suit came to be filed by B.P.Ramesh, being one of the children of Sri K.Puttaswamy and Susheelamma, against his mother Susheelamma and his sisters and brothers. Suit properties earlier belonged to K.Puttaswamy and it is his self earning. After the death of K.Puttaswamy on 16.06.2009, property devolved on his legal heirs viz., Susheelamma, being wife, Yamuna, Pushpalatha, Dhanalakshmi, Nandini and Mohan Kumar, being the children, in equal share.
“Suit is partly decreed with cost.
The plaintiff is entitled for 1/6th share in item Nos.3
and 4 properties by way of partition and for separate possession of his share in the said properties by metes and bounds.
The defendants No.2 to 6 are entitled for 1/6th share each in item Nos.3 and 4 properties.
NC: 2024:KHC:37424 RFA No. 737 of 2015
The plaintiff is entitled for mesne profit i.e., share out of income from item Nos.3 and 4 properties from the date of suit till handing over possession of his share in it. A separate enquiry is to be held to determine quantum of mesne profit payable to the plaintiff.
Draw a preliminary decree accordingly.”
contends that the sisters executing the relinquishment deed in favour of the appellant/defendant No.6 do not take away the right of the plaintiff in item No.3 as well, and sought for dismissal of the appeal.
“Whether the appellant has made out a case that he is the owner of 5/6th share in item No.3 of the suit property?”
appellant and respondents in the present appeal are entitled to 1/6th share in all the suit properties.
NC: 2024:KHC:37424 RFA No. 737 of 2015
No.3, in view of the registered relinquishment deed executed
by the sisters in his favour.
18. Accordingly, point raised for consideration is answered in
the affirmative and the following:
ORDER
(i) Appeal is allowed .
(ii) The decree of the Trial Court in respect of item
No.3 is modified as under:
“Appellant/defendant No.6 is declared as owner of 5/6th share of item No.3 of suit properties and plaintiff is entitled to 1/6th share in item No.3 of the suit properties.”
(iii) It is made clear that rest of the judgment and
decree stands unaltered.
Sd/(V SRISHANANDA) JUDGE
kcm
List No.: 1 Sl No.: 69
1 issue framed by the court
Whether the appellant is owner of 5/6th share in item No.3 of the suit property by virtue of the registered relinquishment deed executed by his sisters in his favour?
1 provisions across 1 enactments
B P Mohankumar
B.P.Ramesh
Smt.B.P.Yamuna
Smt.B.P.Pushpalatha
Smt.B.P.Dhanalakshmi
Smt.B.P.Nandini
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
