KUBYANAIK Vs. LAKSHIMIBAI

JUDGEMENT

(1.) The defendant is in second appeal.

(2.) The plaintiff filed a suit seeking for a declaration of her title and also for a consequential decree of injunction to restrain the defendants from interfering with her possession.

(3.) It was her case that the suit property was originally belonging to her mother-in-law deceased Valki Bai and after the death of her mother-in-law, her husband Ramanaik had succeeded to the said property as being the sole surviving legal heir of Valki Bai and after the death of her husband, she and her sons had succeeded to the property. It was contended that defendant though had no right over the suit property was attempting to interfere with her possession and was also denying her title and she was therefore constrained to file the suit for declaration and for injunction.