S. BASAPPA Vs. GANGAMMA

JUDGEMENT

(1.) This is a second appeal by the legal representatives of the deceased plaintiff.

(2.) Sri.S.Basappa, claiming to be the adopted son of Savandaiah, filed a suit seeking for a declaration that he was the owner and in possession of the suit properties. He also sought for a declaration that the gift deed dtd. 2/9/1957 executed by Savandaiah in favour of Gangamma-defendant No.1 and his mother-Bhadramma was null and void. He also sought for a declaration that the sale deed dtd. 7/12/2009 executed by defendant No.1 in favour of defendant No.7 was null and void, apart from seeking the relief of permanent injunction.

(3.) The case put forth by the plaintiff was that Savandaiah, who had three daughters namely Gangamma, Bhadramma and Kalamma, had taken the plaintiff in adoption when he was very young, duly observing all the formalities of adoption. He stated that during the life-time of his adoptive father, Savandaiah, he was in joint possession of the suit schedule properties and after his father's death, he had continued to be in possession and enjoyment of the same. He stated that, of the three daughters of Savandaiah, Bhadramma (his mother) and Kalamma were no more. He stated that the entries in the revenue records and the school certificate established that he was the adopted son of Savandaiah and in fact, in the caveat filed by defendant No.1, he had been described as being the son of Savandaiah and thus, his adoption had been beyond dispute.