KAKKAREGOL RUDRAPPA Vs. SHANTAMMA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the defendant No.2, challenging the judgment and decree dtd. 06/12/2013 in R.A.No.7/2013 on the file of the III Addl. District and Sessions Judge, Ballari, sitting at Hospet, confirming the judgment and decree dtd. 15/12/2009 in O.S.No.192/2007 on the file of the Prl. Senior Civil Judge and JMFC, Hospet, decreeing the suit of the plaintiff in part.

(2.) For the sake of convenience, the parties to this appeal are referred to with their rank before the Trial Court.

(3.) It is the case of the plaintiff that, the plaintiff is the wife of late Somappa. Defendant No.1 is the son of the plaintiff and late Somappa. It is further averred in the plaint that after the death of her husband, the plaintiff and the defendant No.1 constitute joint family in respect of the suit schedule properties. Schedule Property is consisting of 8 acres of land and the defendant No.1 has sold the suit schedule property to the defendant No.2 by way of two registered sale deed namely 5/12/2005 and 2/2/2005. Thereafter, the plaintiff came to know about the sale transaction of the property in question and as such, it is the case of the plaintiff that the aforementioned sale deeds are not binding on the plaintiff and thereby, the plaintiff has filed O.S.No.192/2007 before the trial Court.