LAWS(KAR)-1971-10-1

KAMALAMMA Vs. KENCHE GOWDA

Decided On October 08, 1971
KAMALAMMA Appellant
V/S
KENCHE GOWDA Respondents

JUDGEMENT

(1.) This appeal arises out of a suit instituted by the Plaintiff Kamalamma for a declaration that she is the owner of the suit lands and for a direction to defendants 1 to 4 to put her in possession and for mesne profits for the period prior to the suit and also for future mesne profits.

(2.) The trial court negatived the claim of the plaintiff in so far as it related to Survey number 94 and decreed her claim in respect of survey number 92, the extent of which is 1-29 guntas. Against the said decision, the defendants 1 to 4 preferred an appeal in the court of the Civil Judge. Bangalore which confirmed the decree of the trial court. On appeal to this Court by defendants 1 to 4, this court set aside the decree of the appellate court and remanded the case to hear the appeal afresh and dispose of the same according to law. The Civil Judge, who heard the appeal has decided against the plaintiff and dismissed her suit. The plaintiff has preferred this appeal challenging the correctness of the decision of the appellate Court.

(3.) The litigation in respect of the suit properties started as long back as 1924 between the predecessors of the present parties. It is unfortunate that the parties have fought the litigation for over 47 years and I hope now at least the litigation will come to an end.