HUSAINSAB Vs. MODINABI

JUDGEMENT

(1.) This appeal is filed challenging the judgment and decree passed in O.S.No.117/2002 on the file of the Civil Judge (Sr.Dn.) and CJM, Gadag, dtd. 28/10/2005 and praying this Court to set aside the judgment and decree.

(2.) The parties are referred in the original rank of the plaintiff and defendants to suit the convenience of the Court.

(3.) The factual matrix of the case of the plaintiff before the trial Court while seeking relief of declaration is that plaintiff is in possession of the suit schedule properties and for injunction restraining the defendants from interfering with her peaceful possession and enjoyment of the suit schedule properties and contended that the suit schedule properties consists of land bearing R.S.No.93/1A+1B measuring 14 acres and also house properties bearing gram panchayat No.1070, 1067 and open site bearing Gram Panchayat No.994 which are situated at Lakkundi village in Gadag taluk. It is the claim of the plaintiff that her father Alisab Dubalesab Kadampur was the owner and in possession of the suit schedule properties. He was in lawful possession along with plaintiff and her husband Maktumsab. It is also her claim that she is the only daughter of the said Alisab and father had performed the marriage of the plaintiff assuring that the property will devolve upon the plaintiff. It is also contended that an agreement letter to this effect was executed on 14/5/1973 before the elders of the Society and with this understanding, the marriage of the plaintiff was solemnized with Maktumsab. It is also contended that even otherwise the plaintiff succeeded to the suit property by inheritance. Even after her marriage, plaintiff along with her husband was residing with Alisab and Husainbi and their names are also jointly shown in ration card, voters' list and they are paying the taxes. The plaintiff alone looked after her parents during their life time. The father of the plaintiff died on 24/9/2001 and the mother died two years prior to the death of Alisab and the plaintiff alone met all the medical and funeral expenses.