Case Note & Summary
The appeal arose from the dismissal of a suit for declaration of ownership of immovable property situated in Bangalore. The original plaintiff, C.R. Hiremath, claimed as the younger brother and legal heir of His Holiness Jagadguru Urvakonda Karibasa Rajendra Swamy, who passed away on 27.12.1991. The suit property was allotted to the Swamy by the then Government of Mysore in 1952 and a sale deed was executed by the Bangalore Development Authority in 1988. The plaintiff alleged that the suit property was meant for public use. The plaintiff contended that he became aware of the relevant documents only in 2002. There was a pending suit, O.S. No. 962/1991, concerning the same property, in which the plaintiff was impleaded as defendant No. 11 and a receiver was appointed. The plaintiff alleged that one Gangadhar Gurumath, an advocate, had manipulated the affairs of the Swamy. The plaintiff sought a declaration that he was the owner and that any transactions by the defendants were void. The trial court dismissed the suit, leading to the present appeal and cross-objections. The judgment text provided is incomplete and does not contain the court's analysis or final decision.
Issue of Consideration
Law Points
- declaration of title
- suit for declaration
- legal heirship
- pending suit
- maintainability
- Order 41 Rule 22 CPC
- cross-objection
- Section 96 CPC
- society registration
- trust property
- allotment of government land
- succession
Case Details
2014 LawText (KAR) (03) 14
Regular First Appeal No.1713/2005 c/w RFA Crob.Nos.39/2005 & 2/2006
Sri S.Sudindranath, Sri Yoganarasimhan (Senior Counsel for Ms.Deepashree), Sri A.S.Mahadeva Swamy, Sri S.B.Totad, Sri H.R.Anantha Krishna Murthy, Sri C.Lakshminarayana Rao
Sri C.R. Hiremath (since deceased by LRs Smt. Neelamma Hiremath, Sri Mahesh Hiremath, Smt. Manjula Hiremath, Miss Sadhana Hiremath) and others
Sri Akkamahadevi Samaja and others
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Nature of Litigation
Civil suit for declaration of ownership of immovable property and to declare any transactions by the defendants as void.
Remedy Sought
Plaintiff sought a declaration that he is the absolute owner of the suit property and that any dealings, transactions, or charges created by the defendants on the property are illegal and non-existent.
Filing Reason
The plaintiff claimed to be the legal heir of his deceased brother, Jagadguru Urvakonda Karibasa Rajendra Swamy, to whom the property was allotted by the Government and in whose favour a sale deed was executed. The plaintiff alleged that his brother's disciples and others, including an advocate, had created litigation and adverse claims over the property, and that he became aware of the relevant documents only in 2002.
Previous Decisions
The Principal City Civil and Sessions Judge, Bangalore, dismissed O.S. No. 8150/2002 on 09.09.2005, rejecting the plaintiff's suit for declaration.
Judgment Excerpts
It is the case of the plaintiffs that the 1st plaintiff was the younger brother of His Holiness Jagadguru Urvakonda Karibasa Rajendra Swamy who passed away on 27.12.1991.
The plaintiff further contended that though he is not having any desire or liking to amass any wealth, he determined to cherish the dreams of his brother and put the schedule property for exclusive use for which it was allotted by the then City Improvement Trust Board.
Further it is alleged that on coming to know of the pendency of the said suit, the plaintiff herein got himself impleaded as defendant No.11 in the said suit.
Procedural History
The original suit O.S. No. 8150/2002 was filed by C.R. Hiremath through his Power of Attorney Holder seeking a declaration of ownership. During pendency, the plaintiff died and his legal representatives were brought on record. Additional plaintiffs were impleaded. The trial court dismissed the suit on 09.09.2005. The plaintiffs filed Regular First Appeal No. 1713/2005 under Section 96 read with Order XLI CPC. The Deputy Commissioner, Andhra Pradesh Endowment Department, filed cross-objection No. 39/2005. Akkamahadevi Samaja and others filed cross-objection No. 2/2006. Further legal representatives were substituted upon deaths of certain parties during the appeal. The appeal and cross-objections were reserved for judgment and came to be decided.
Acts & Sections
- Code of Civil Procedure, 1908: Section 96, Order XLI, Order XLI Rule 22
- Societies Registration Act, 1860:
