Extract
Life Insurance Corporation Of India And Others VS. Retired L.I.C. Officers Association And Others
The Judgement Information System REPORTABLEIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO. _3635_ OF 2008 (Arising out of SLP (C) No. 4055 of 2006) Ranganayakamma and another Versus K.S. Prakash (D) by L.Rs. and others JUDGMENTS.B. SINHA, J.1. Leave granted.2. This appeal is directed against the judgment and order dated 21st September, 2005 passed by a Division Bench of the Karnataka High Court in R.F.A. No. 605 of 1997 dismissing an appeal preferred from the judgment and decree dated 27th May, 1997 passed by the XII Additional City Civil Judge, Bangalore in Original Suit No.1760 of 1990 partly decreeing the suit for partition and separate possession. 2 We may, at the outset, notice the genealogical tree of the family which is as under :- Kasetty Rangappa Children of the 1st Wife Children of the 2nd Wife Widow Smt. Naramma 1. Smt. Jayamma, Deft. No.3 1. Sri K.S. Mohan 2. Smt. Kanthamma, Plff. No.1 2. Smt. Susheela (Late) 3. Smt. Ranganayakamma, Plff 3. Smt. Bhagyalakshmi No.2Lakshamamma 2nd wife 4. Smt.Naramma Devi, Deft. No.4 Lakshmi 4. Smt. Lakshmi Devi 5. Smt. Venajakshi 5. Sri K.S. Sudarshan 6. Sri K.S. Prakash, Deft. No.1 6. Smt. Saraswathi 7. Sri K.S. Ramesh, Deft. No.2 7. Smt. Rukmini 8. Smt. Sarojamma, Deft. No.5 K. Harida Sreenivasa Pasad Smt. K. Sreeni 8. Sri K.R. K.R.Venkatamma 9. Smt. Seethqalakshmi, Deft. No.6 9. Smt. Padmavathi Salu Venkatesulu Sreenivasulu 10. Smt. Bharathi, Deft. No.7 11. Smt. Kum. Shoba, Deft. No.8 Smt. Singaramma Smt. Venkatalakshamma 1st wife 2nd wife.3. We are concerned herein with the branch of K. Sreenivasulu. He had two wives, the first wife being Singaramma. Through his first wife Singaramma, he had eleven children. Except Venajakshi, they are parties to the suit. Kanthamma and Ranganayakamma are the plaintiffs.Through his second wife, Shri K. Sreenivasulu had nine children.4. Allegedly there was a partnership firm through which K.Sreenivasulu was doing business in silk sarees. Whether the said partnership was a firm constituted under the Partnership Act, 1932 or a 3 Hindu joint family Firm is in dispute. However, the said firm was said to have been dissolved. Thereafter K. Sreenivasulu had been carrying on the said business either by himself or as a `Karta' of the joint family in silk sarees. Very valuable properties were acquired by him. Three items of the said properties are involved in this appeal. Item No. 1 is said to be worth 1 crore. Item Nos. 2 is stated to be worth 3 crores, whereas Item No.4 is said to be worth 1 crore. Although valuations of the said properties are stated by the contesting respondents i.e. respondents Nos.1 & 2 in their written statement so as to put forth a contention that the valuation of the suit properties as disclosed by the plaintiff being Rs.10,000/- was not correct and on the aforementioned amounts the court fee would be payable, but there cannot be any doubt whatsoever that the properties are valuable.As through the first wife, Sreenivasulu did not have any male issue, he married Venkatalakshamma. Allegedly item Nos. 2 and 3 of the suit properties were purchased in the name of Sringaramma. The parties are at issue whether the said properties were purchased from the joint family funds or in the name of Srirangama for her own benefit.Indisputably, again item No.1 was purchased by Sreenivasulu in his own name. He died on 27th ...
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