LINGAIAH Vs. SIDDAMMA

JUDGEMENT

(1.) This appeal by the Plaintiff is directed against the Judgment and decree dated 15.10.73 passed by the Civil Judge, Mandya, in R. A. No 81 of 1971 on his file allowing the appeal on reversing the Judgment and decree dated 19.8.71 passed by the Principal Munsiff, Mandya, in O.' S. No. 602 of 1969 on his file decreeing the suit of the Plaintiff as prayed for.

(2.) The Plaintiff instituted a suit at O. S. No. 602 of 1969 on the file of the Principal Munsiff, Mandya, on the following averments: The first defendant Siddamma was the owner of the suit properties and she executed a gift deed dated 10.8 59 in favour of Manchamma, wife of the Plaintiff. Manchamma accepted the gift deed and took possession of the suit properties. Manchamma, however, died later and the Plaintiff has become the owner of the suit properties. After the death of Manchamma the Plaintiff cultivated the suit lands for three years, according to him. But he was dispossessed of the suit properties in about the year 1965 by the defendants who have no right, title or interest in them. Thus the Plaintiff instituted the suit for declaration that he was the owner of the suit properties and for possession of the same from the defendants as also for mesne profits.

(3.) The suit was resisted by the defendants. They contended that the suit properties originally belonged to Karigowda, husband of the first defendant. He died about 20 years prior to the filing of the written statement. The properties were inherited by his wife, the first defendant. The first defendant had 3 daughters namely, Lingamma (Deft. 2), Sothamma (Deft. 3) and Manchamma, wife of the Plaintiff. Defendant-1 was the full owner of the properties. She was suffering from illness. The Plaintiff induced defendant-1 to excute a nominal gift deed, in favour of his wife, Manchamme and hence the gift deed was nominally executed on 10.8.59. They asserted that the gift deed was not accepted by Manchamma and possession was not taken by her Hence, they contended that the Plaintiff had no right, title or interest in the suit properties.