M G PAPANNA Vs. JAYALAXMAMMA

JUDGEMENT

(1.) These two appeals arise out of the judgment dated 13.01.2003 passed by the learned Principal Civil Judge (Sr. Dn.), Srirangapatna, in O.S. No. 43/1996. R.F.A. No. 429/2003 is filed by defendant No. 6 in O.S. No. 43/1996. Whereas, R.F.A. No. 506/2003 is filed by defendants 1 to 5. The suit was filed by deceased plaintiff-respondent No. 1 in both these appeals seeking a declaration that the Sale Deed dated 27.06.1996 executed by defendant 1 to 5 in favour of defendant No. 6 in respect of 36 acres of land in Sy. No. 26 of Mogarahalli Village in Srirangapatna was null and void and not binding on the plaintiff. A further declaration was sought by the plaintiff that she was the absolute owner of the plaint schedule property apart from seeking a restraint order against the defendants by way of decree of permanent injunction from interfering with her possession and enjoyment.

(2.) The relationship between the parties is not in dispute. The plaintiff is the mother of defendant No. 1. Defendant Nos. 2 to 5 are her grandchildren being the sons of defendant No. 1. Defendant No. 6 is the purchaser of the property from the 1st defendant under a registered Sale Deed dated 27.06.1996.

(3.) The case of the plaintiff was that there was a division in the family property during the life time of her husband - Kuntegowda by way of Panchayath Palu Patti dated 02.09.1968 and in the said partition/division, the suit schedule land fell to the share of the plaintiff and her husband. Plaintiff's husband died during the year 1982. Upon his death, she came in possession of the property as absolute owner thereof. Her son, the 1st defendant secured illegal entries in his name in respect of the said property which led to the plaintiff filing an appeal before the Assistant Commissioner. As the 1st defendant and his children without having any right over the suit property were asserting their right over the property and as defendants 1 to 5 sold a portion of the suit schedule property in favour of the 6th defendant by executing a registered Sale Deed dated 27.06.1996, plaintiff was constrained to file the suit seeking a declaratory relief and also for permanent injunction.