LAKKAWWA Vs. GOURAWWA

JUDGEMENT

(1.) this second appeal is by the 4th defendant in the original suit brought by the plaintiff in O.S. 97 of 1985 in the court of the munsiff at saundatti.

(2.) plaintiff wanted declaration of her title to the suit schedule property based on the deed of settlement dated 21-6-1979 (family arrangement), executed by defendant-1, head of the family, at the relevant time-kartha or manager, as part of the settlement in her favour on account of her marriage to the third defendant, one of the sons of the first defendant and brother of defendant-2. Defendant-3 being the son of the 4th defendant and the wife of the first defendant. The plaintiff also prayed for a permanent injunction restraining the defendants from interfering with her peaceful possession and enjoyment of the suit schedule property comprised in block No. 386 measuring 5 acres 30 guntas situate within mudanagere village in belgaum district. She also prayed in the alternative in the event court were to come to the conclusion that she was not in possession, for a decree for possession to be passed.

(3.) the defendants resisted the suitinter alia contending that plaintiff acquired no right, title or interest in the suit document or title deed. In any event, though defendant-1 admitted execution of the document, it was only a family arrangement which created only a file interest in the plaintiff and it could not be considered as instrument of title as the document or the instrument was not a registered instrument. They a'so pleaded that subsequently in 1985 there was a partition and the fourth defendant had been allotted and put in possession of the suit schedule property.