MUNEMMA Vs. N VENKATESHAPPA

JUDGEMENT

(1.) The defendants in the trial court are the appellants herein and they are aggrieved by the suit of the plaintiff for declaration and permanent injunction being decreed by the trial court and confirmed by the lower appellate court by dismissing the appeal preferred by the appellants herein.

(2.) The facts which are not in dispute are that an extent of 3.39 acres of land in Sy. No. 83 of Hosahaili village, Yeldur Hobli, Srinivasapura Taluk had been attached to the imperial village of Talari and one Narasappa was the village office holder. The plaintiff's uncle by name Nadumpalli Muneppa purchased the suit property measuring 2 acres out of the aforesaid extent from the said village office holder by registered sale deed dated 28.5.1971. As the plaintiffs uncle Nadumpali Muneppa had no issues and had fostered the plaintiff from his childhood, the plaintiffs father Nadumpaili Hanumanthappa and fostered father Nadumpaili Muneppa divided their properties under a registered partition deed dated 26.10.1983 and in the said partition, 'A' schedule properties fell to the share of Nadumpaili Muneppa and 'B' schedule properties fell to the share of Nadumpaili Hanumanthappa. The suit schedule property fell to the share of Nadumpaili Muneppa and after the death of said Nadumpaili Muneppa, plaintiff became the legal heir to the suit schedule property.

(3.) Following the suit property being re-granted in favour of Muni Papaiah @ Papanna on 31.3.82, the defendants claimed that the suit property therefore belongs to the legal heirs of aforesaid Muni Papaiah and as such, the plaintiff has no right or title over the same.