PENNAIAH Vs. THIPPAMMA

JUDGEMENT

(1.) THIS appeal is filed against the judgment and decree in r. A. No. 10/1995 on the file of the civil judge, senior division, bellary arising out of the judgment and decree in o. S. No. 595/1979 on the file of the prl. Munsiff, bellary.

(2.) THE appellants are the legal representatives of the deceased defendant. The respondent-plaintiff filed suit for declaration of title in respect of suit schedule property and for recovery of possession from the defendant.

(3.) ACCORDING to the plaintiff, the suit property originally belonged to ramaiah. One thimmakka the vendor of the plaintiff purchased the property from ramaiah under ex. P. 2, later on sold the same in favour of plaintiff under ex. P. 1 dated 28-5-1969. The plaintiff submits that after the purchase, she migrated to t. B. Dam. After some time when she came back, she found that substantial portion of suit schedule property was demolished and the defendant was in possession of the suit property. Hence, filed the suit.