SIDDAMMA Vs. HONNURAPPA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the unsuccessful plaintiff challenging the Judgment and Decree dtd. 4/3/2011 passed by the Civil Judge (Jr.Dn.) and JMFC., at Molakalmuru in OS No.54/2010 and the concurring Judgment dtd. 7/8/2012 passed by the Senior Civil Judge, Challakere in RA No.28/2011. By the aforesaid Judgments, the Trial Court and the First Appellate Court declined the claim of the plaintiff for 1/3rd share in the suit property and also declined to declare that the sale deeds dtd. 8/5/1974, 9/5/1974 and the mortgage deed dtd. 14/3/1974 did not bind interest of the plaintiff.

(2.) For the sake of brevity and easy understanding, the parties shall henceforth be referred to as they were arrayed before the Trial Court. The appellant was the plaintiff, while the respondents were the defendants before the Trial Court.

(3.) The plaintiff stated in her plaint that Chennappa had three sons namely Gowdara Ganganna, Dodda Parameshwarappa and Sanna Parameshwarappa. The plaintiff is the daughter of Sanna Parameshwarappa. The land bearing Sy.No.19 of Bommakkanahally, Devasamudra Hobli, Molakalmuru Taluk purportedly, belonged to the joint family. The aforesaid land was stated to be mortgaged by Gowdara Ganganna in favour of Smt.Jakani Gangamma in terms of a mortgage deed dtd. 14/3/1974 and later the said Gowdara Ganganna sold the aforesaid land to Jakani Gangamma in terms of two sale deeds dtd. 8/5/1974 and 9/5/1974. She contended that apart from Gowdara Ganganna, the legal heirs of Dodda Parameshwarappa had joined in the execution of the sale deeds. She contended that she had not joined in the execution of the sale deeds and thus, she contended that she was entitled for undivided 1/3rd share in the suit property. She claimed that the legal heirs of Jakani Gangamma refused to hand over her 1/3rd share in the suit properties and therefore, she filed a suit for partition of her 1/3rd share in the land bearing Sy.No.19 and also to declare the mortgage deed dtd. 14/3/1974 and the sale deeds dtd. 8/5/1974, 9/5/1974 did not bind her right title and interest.