KALLAPPA SULTANA PATIL Vs. BALGONDA SULTANGOUDA PATIL

JUDGEMENT

(1.) This appeal, by special leave, by defendants 1 to 4, is directed against the judgment and decree, dated 11/09/1961, of the Mysore High court in S. A. (B) No. 43 of 1956, confirming the decrees of the two subordinate courts granting a decree for possession in favour of the plaintiff-respondent.

(2.) The respondent instituted suit No. 1 of 1945, before the Second Class Sub-Judge at Chinchali, for recovery of possession of the suit lands. According to the plaintiff, the lands are Patilkiwatan Inam lands and he has been registered as 'nawa Wala' by Order No. 68, dated 30/03/1927, of the Revenue Authorities of the then Kolhapur State. The suit properties had gone in partition to one Maya Gouda, a member of the Patil family. Maya Gouda died about 35 or 40 years ago and his widow Jakkawwa was in possession of the lands till the date of her death on 16/08/1943. The plaintiff's further case was that though Mays Gouda and Jakkawwa had a daughter Bayabai, the 7th defendant in the suit, the latter could not inherit the Inam properties under the law obtaining in Kolhapur State. Therefore the line of Maya Gouda has become extinct and the plaintiff, as Nawa Wala is entitled to get possession of the properties as per the Wat Hukum No. 26 of Fasli, 1323.

(3.) Defendants 1 to 4, the appellants herein, contested the claim of the plaintiff on various grounds. They pleaded that the plaintiff was not the senior-most member of the senior branch of the family to which Maya Gouda belonged and that they were the nearest reversions, under Hindu law, to the properties of Maya Gouda. They further pleaded that there was no extinction of the line of Maya Gouda as he had left a daughter, the 7th defendant, behind him. They also claimed title by adverse possession.