SHANKARAPPA Vs. CHIKKA KEMPAMMA W/O LATE SURAPPA AND SIDDAPPA (SINCE DEAD BY L.RS. PAPANNA S/O SIDDAPPA, GANGAMMA AND SURAIAH)

JUDGEMENT

(1.) APPELLANT in both the appeals is one Shankarappa who is plaintiff in O.S. No. 245/1987 and 3rd defendant in O.S. No. 183/1987. Defendant No. 1 has filed O.S. No. 183/1987 interalia seeking declaration, declaring that, she is the absolute owner in possession of the suit schedule property, whereas, the appellant plaintiff has sought for declaration that he is the owner of the suit schedule property by virtue of adoption by defendant No. 1.

(2.) SINCE the issue involved in both the suits being common, both the suits were clubbed together and joint trial was held.

(3.) CHIKKA Kempamma filed her written statement interalia denying the adoption of the plaintiff appellant and also claimed that, she is the absolute owner of the suit schedule properties. Before the Trial Court, plaintiff appellant was examined as DW4. He also examined DW1 to DW3 and DW5 in support of his case and got marked Exs. D1 to D8, whereas, on behalf of Chikka Kempamma, her General Power of Attorney, was examined as P.W. 1 and three witnesses were examined as PW2 to PW4 and Exs. P1 to P12 were marked in their evidence.