BASAVVA Vs. SHARANAPPA SANGAPPA BASANAGOUDAR

JUDGEMENT

(1.) The plaintiffs are in second appeal.

(2.) The plaintiffs filed a suit seeking for a declaration that they were the owners of the suit property and they also were entitled to a consequential decree of injunction to restrain the defendants from interfering the their possession.

(3.) It was case of the plaintiffs that the suit property, land bearing Sy.No.41/4 measuring 2 acres 25 guntas, was the property of Karadeppa Sangappa Basanagoudra (the wife and father of plaintiffs) and he had died intestate on 25.01.1996 and by virtue of his death intestate, they had succeeded to the said property. It was their contention that they were in joint possession and before his death on 25.01.1995, for about 7-8 months he was bedridden and he had therefore no occasion to execute either a Will or a Gift- deed in favour of anybody.