BASAPPA Vs. HULGAVVA

JUDGEMENT

(1.) This is a defendants' second appeal against the divergent findings of the Courts below.

(2.) The 1st respondent-plaintiff filed O.S. 274/71 in ,the Court of the Munsiff at Shorapur praying for a decree against the defendants (appellants in this Court) for possession of 28 acres 35 guntas situated at Bassapur Village, Shorapur taluk in Gulbarga District.

(3.) The plaint averments may be summarised as follows: The plaintiff was the daughter of one Rayappa son of Chandappa and he had only one brother Gangappa; that the brothers were joint; that the father of the plaintiff, Rayappa died some 14 years back leaving her as the sole heir and successor; that the plaintiff's mother had predecesased her father. Even after her father's death, the plaintiff lived with her uncle Gangappa; that Gangappa was a bachelor and died on 22-5-71 leaving no other heirs than the plaintiff herself; that the suit land Sy No. 25 of Bassatur village in Shorapur Taluk wa,s purchased by her father and uncle from the joint family funds in the name of Gangappa and that the brothers possessed and enjoyed the suit land jointly till the death of the plaintiff's father Rayappa; that after the death of Rayappa the plaintiff was in joint possession qf the land with her uncle till she was forcibly dispqssessed by the defendants on 7-6-61 without having any right over it and since then the defendants were in illegal possession and enjoyment of the suit land; that in spite of several requests mae for restoring possession the defendants did not pay any attention and on account of old age, ailment and fiancial condition she could not take legal steps immediately after her forcible and illegal dispossession; that again on 27-3-1971 she demanded the defendants to give up possession of the suit land but the defendants refused and therefore the suit.