JIVAKKA AND Vs. RAMAPPA YALLAPPA MUTGI

JUDGEMENT

(1.) The suit out of which this appeal arises was for partition and possession of the plaintiff's share in the suit property. The defendants in the said suit are the appellants before us. It is necessary to set out a genealogical table in order to understand the relationship of the parties and the point which was involved in the suit:. <IMG>JUDGEMENT_40_TLKAR0_1961Image1.jpg</IMG>

(2.) Baswant was the original owner of the suit property. He died leaving his widow Yellawa and the two daughters Jivakka, defendant 1, and Akkawa. Yellawa died in 1912. The plaintiff's case is that Akkawa died after Yellawa and the plaintiff who is her husband became entitled on her death to half share in the suit property. The defendants dispute that Akkawa died after Yellawa. According to them, Akkawa's death took place before the death of Yellawa and, therefore, defendant 1 was the sole owner of the suit property. She made a gift of the same to her son-in-law who is defendant 2. Two questions arose for determination in the suit, viz., (1) whether Akkawa died before Yellawa; and (2) whether the defendants had acquired title to the suit property by adverse Possession.

(3.) It has been found by both the Courts that Akkawa died after Yellawa. That finding is not challenged before us. Both the. Courts have also found that the defendants failed to establish their title by adverse possession. In the present appeal the question which has been raised before us relates to the said finding of the Courts below on the question of adverse possession.