MALLAPPA BASAPPA Vs. NINGAWWA

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated January 31, 1974 made by the Prl. Civil Judge, Belgaum, in OS No. 116 of 1972 by which the learned Civil Judge decreed the plaintiff's suit.

(2.) Briefly stated the facts are these : - Plaintiff 1 is the widow of one Basappa and plaintiff-2 was the nephew of Basappa. Defendant-2 Basawwa is the wife of one Patreppa and defendant-1 Mallappa was adopted by defendant-2. The plaintiffs filed a suit for a declaration that plaintiff-2 is the owner of the suit properties by virtue of the gift deed dated March 11, 1966, Ext. P6. It was a deed executed by the deceased Basappa, the husband of plaintiff-1, in favour of plaintiff 2. The suit was also for a permanent injunction restraining the defendants from obstructing or interfering with the plaintiffs.' possession and enjoyment of the suit properties.

(3.) The suit properties consist of two RS Nos. 45/1 and 542/2 measuring 5 acres 16 guntas and 5 acres 19 guntas respectively. It also covers an open site bearing S No. 176B. All these properties are situate at Hooli in Saundatti Taluk, Belgaum District.