BHIMAPPA SHIVAPPA MANOJI Vs. SHIDDALINGAVVA

JUDGEMENT

(1.) This second appeal is by the Plaintiff calling in question legality and validity of the divergent findings of the lower appellate Court.

(2.) Lands measuring 1 acre 11 guntas in Re-Sy. No. 44/5 of Halolli village, Ramdurg Taluk, Belgaum District was owned and possessed by the Appellants' father by name Shivappa Balappa Manoji who died on 25-03- 1980 while Hanamantappa Shivappa Manoji, the brother having remained unmarried and issueless, predeceased his father on 19-02-1976, hence the Appellant succeeded to the said immovable property. On the allegation that the revenue authorities though mutated the Appellants name in ME 426 in the mutation register, nevertheless deleted the Appellant's name and incorporated the name of Respondent in the mutation register as entry No. 461, in respect of the lands in question, instituted O.S. No. 86/2005 before the Civil Judge, Jr. Dn, Ramdurga for the following reliefs:

(3.) The Respondent arraigned as Defendant, on notice, entered appearance, resisted the suit by filing written statement inter alia claiming to be the legally wedded wife of Hanumantappa Shivappa Manoji -- brother of the Appellant and from out of wedlock begot two children by name Yellavva and Bhimavva, while Yellavva died as a child, Bhimavva was given in marriage to Bharmappa Kulgod and on the death of Hanumantappa, being his wife, claimed to be entitled to an equal share in the suit property. It is the Defendant's allegation that the Plaintiff secured an entry in the mutation register as M.E. No. 426 without notice to the Defendant and on coming to know of the same, filed objections over the said entry and had her name entered in the mutation register as M.E. No. 461 on 9-10-1982. It is further contended that the suit was barred by limitation and bad for non-joinder of necessary parties.