NINGAPPA Vs. SIDDAGOWDA

JUDGEMENT

(1.) The legal representatives of the original plaintiff in O.S. No. 123 of 1968 on the file of the Munsiff, Channarayapatna, are the appellants in this second appeal.

(2.) The original plaintiff one Ningappa brought the suit O.S. No. 123 of 1968 for a declaration of his title to and for possession of the suit schedule property measuring 7 guntas in Sy. No. 210/1 of Gollara Hosahalli Village in Channarayapatna Taluk on the ground that he purchased the suit property from the 1st defendant Siddegowda under a sale deed dated 5-10-1967 at Ex. P-1. Alternatively he has sought for allotting the suit property to the share of the 1st defendant by effecting a general partition of all the family properties belonging to the family of the 1st defendant and possession of the suit property. He has made the other members of the family of the 1st defendant as parties and also included all the properties belonging to their family in the suit.

(3.) The 1st defendant filed a written statement wherein he has admitted having executed the sale deed in favour of the plaintiff. . However, the suit was contested by defendants 2 to 4 inter alia contending among others that the 1st defendant had relinquished his rights in the family properties in favour of the 4th defendant under a relinquishment deed dated 26-9-1967 at Ex. D-1 and as such the 1st defendant had no right, title and interest in the suit property for being conveyed to the plaintiff under the sale deed dt. 5-10-1967 and finally prayed for the dismissal of the suit.