JAYALAKSHMAMMA Vs. VASANTHA AMMAL

JUDGEMENT

(1.) This appeal is presented by an unsuccessful plaintiff in the suit filed by her for declaration of her title in, and recovering possession of, the suit schedule house property, relying on a defeasance clause in a, settlement deed executed by her elder sister.

(2.) (i) All the material facts are not in dispute. The suit property consisls of a shop premises situate at III Main Road, New Tharagupet, Bangalore. One Muniswamaiah alias Papaiah Setty had three daughters, one by name Muniamma by his first wife and two others Lakshamma and Jayalakshamma through his second wife. The last and youngest of them, Jayalakshmamma is the appellant plaintiff. By his will dated 20-9-40, Muniswamaiah bequeathed the suit scheduled property in favour of Lakshamma, whose husband had died during the same year. Muniswamappa died on 28-12-1940.

(3.) After all this, about five years later the appellant-plaintiff filed the present suit O. S. No. 609 of 1978 before the II Additional Civil Judge Bangalore City against the respondent. The prayer in the suit was for a declaration that the plaintiff had acquired title to the suit property by virtue of a defeasance clause in the settlement deed (Ext. P-4) and for a consequential prayer for a decree for possession.