B.SIDDARAJU Vs. MANIYAMMA @ BELLEAMMA

JUDGEMENT

(1.) This appeal is filed under Section 100 of the Code of Civil Procedure by the plaintiff challenging the judgment and decree passed by the Senior Civil Judge & JMFC, Gundlupet in R.A.No.47/2017 dated 8.6.2017 whereby the First Appellate Court has confirmed the judgment and decree passed by the Civil Judge & JMFC, Gundlupet dated 15.6.2015 in O.S.No.112/2007 wherein the suit filed by the plaintiff for declaration and permanent injunction has been dismissed.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the trial court.

(3.) Brief facts of the case of the plaintiff is that he is the owner in possession of the suit schedule property in Sy.No.13 to an extent of 1 acre 11 guntas situated at Triyambakapura Village, Gundlupet Taluk. He became the owner in possession of the suit schedule property by virtue of Will. One Sri.Madaiah s/o Motra Sabavaiah was the original owner of the suit schedule property, who acquired the same through his ancestors. Sri.Madaiah had mortgaged the suit schedule property in favour of one Channappa. Sri.Madaiah expired more than 35 years ago. Thereafter, wife of Sri.Madaiah namely Smt.Kempamma executed registered Will Deed dated 10.9.1984 in the name of the plaintiff. Thereafter, he became the owner of the suit schedule property on the basis of the registered Will. After the death of said Kempamma, the katha was transferred in the name of the plaintiff. Thereafter, the defendants started to interfere with the peaceful possession and enjoyment of the suit schedule property of the plaintiff. Therefore, he filed a suit for declaration and permanent injunction.