JAYAMMA Vs. THIMMAMMA

JUDGEMENT

(1.) Delay condoned

(2.) Leave granted.

(3.) Though notices were served on both the respondents as early as in march 1991, till date none has appeared in person or through counsel. Notices served on them are sufficient. The respondents are daughters of one doddahanumegowda. Doddahanumegowda died on 21-5-1972 leaving behind him Chikhanumegowda, Ningamma (first defendant) , Mariyamma (Plaintiff 2) , Javaramma (Defendant 2) , and Boramma (Defendant 3) both through their predeceased son Chikhanumegowda. On his demise mariyamma and Thimmamma, the daughters of Doddahanumegowda filed the suit for a declaration that they became owners pursuant to a settlement deed dated 23-5-1970 and succeeded to the entire property. Therefore, they were entitled to the exclusive possession of the plaintiff's property. Thereon, the appellants and their mother had contended that they being the heirs of predeceased son Chikhanumegowda, they are also entitled to half share in the coparcenary property left by Doddahanumegowda. The trial court dismissed OS No. 216 of 1972 by its judgment and decree dated 20-6-1977. But on appeal, the appellate court reversed the decree holding that the appellants had not proved as to when Chikhanumegowda died and that doddahanumegowda being the sole surviving coparcener, he became the absolute owner and thereby he was entitled to bequeath the property in favour of his daughter, which was upheld by the High Court in SA No. 34 of 1979 by judgment and decree dated 24-1-1989.