SUBHADRAMMA Vs. ANEES BANU

JUDGEMENT

(1.) The legality and correctness of the judgment and decree passed by the learned Civil Judge (Senior Division) Bellary dated 29.03.2007 in O.S. No. 445/2004 is called in question in this appeal. For the sake of convenience, the parties will be referred to as per their status before the Court below.

(2.) The plaintiffs who are the children of the first defendant filed the suit for declaration to declare them that they are having absolute right, title and interest in respect of the suit schedule property and for consequential order of possession of the suit schedule property, after the demise of the first defendant who is their mother.

(3.) According to the plaint averments, the plaintiffs are the children of defendants 1 and 2, defendants 4 and 5 are the brothers of the plaintiffs. Their maternal grand father-Kasim]; Sab, who was the father of the first defendant was the full and absolute owner of 4 acres 87 cents of land in Sy. No. 50/A-1 situated at Yettinabudihal village in Bellary Taluk, The first defendant is the only legal heir to Kasim Sab, Under a gift deed dated 11.5.1970, Kasim Sab gifted the suit schedule property in favour of the first defendant with a condition that she can enjoy the same during her lifetime and after her death, the same shall go to children born to the first defendant.