MARAMMA AND OTHERS Vs. SIDDAPPA AND ANOTHER

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 10.1.2005 in O.S. No. 431/1995 passed by the II Additional Civil Judge (Senior Division) Mysore and confirmed by the judgment and decree dared 20.3.2008 in R.A. No. 9/2005 passed by the Fast Track Court I at Mysore.

(2.) APPELLANTS arc the defendants and respondents are the plaintiffs before the Trial Court in O.S. No. 431/1995. In this judgment for convenience the parties are referred to their status before the trial Court.

(3.) DEFENDANT Nos. 1 to 3 entered appearance before the Trial Court and filed written statement inter alia contending that the plaint schedule properties originally belongs to their grandfather Chennabasappa and he was in possession and enjoyment of the same. Chennabasappa during his life time transferred the plaint schedule properties in favour of Basavaiah -father of defendant No. 1. It is further contended that defendant No. 1 is married 10 one Chennaveeraiah and out of this wedlock defendant Nos. 2 and 3 are -born. Father of defendant No. i Basavaiah transferred the plaint schedule properties in favour of Chennaveeraiah - husband of defendant No. 1. Consequently Chennaveeraiah was personally cultivating the plaint schedule properties till his death. After the demise of Chennaveeraiah defendant Nos. 1 to 3 as his legal representatives are in possession and enjoyment of the plaint schedule properties on their own right. The revenue records relating to the plaint schedule properties are in the name of defendant Nos. 1 to 3. On these grounds defendant Nos. 1 to 3 opposed the claim of plaintiffs.