SIDDALINGAYYA Vs. PREMAVVA

JUDGEMENT

(1.) Smt. Premakka, her children Smt. Sumati, Jyoti Shiddayya filed a suit seeking for declaration that they were the absolute owners of the suit property and also for possession of the said suit property along with mesne profits. They also sought for a declaration that the decree obtained by defendant No.5 in O.S.No.24/1994 was not binding on them.

(2.) It was their case that Shiddayya (husband of plaintiff No.1 and father of plaintiff Nos.2 and 3) had purchased the said property under the sale deed dated 02.11.1970 and since there was marital discord, the plaintiffs were constrained to file a suit in O.S.No.42/1980 seeking for partition and separate possession of their share. In the said suit, there was a compromise and a share was stated to be granted to them and they thereafter initiated final decree proceedings in FDP No.18/1986, in which a final decree was drawn and this final decree was put into execution and the said property, allotted to them under a final decree, was also handed over to their possession.

(3.) It was their case that the defendants had no right over the suit property but nevertheless they had illegally occupied the suit property in 1998 and therefore they were constrained to file the suit for declaration and for possession.