SMT HALAMMA Vs. SRI PAPANNA @ PAPAIAH

JUDGEMENT

(1.) THE unsuccessful plaintiff has filed this appeal challenging the judgment and decree passed by the Additional Senior Civil Judge, Ramanagara dated 4.3.2010 in O.S. 596/2007. Heard the learned counsel for the parties.

(2.) ACCORDING to the plaint averments, the plaintiff is the daughter of one Huchappa Mestri born to his second wife by name Puttanarasamma. The defendant is also the son of Huchappa Mestri born to his first wife Halamma.

(3.) THE defendant contested the suit. He admitted the relationship between the plaintiff and him. According to him, plaintiff and her mother Puttanarasamma have relinquished all the right, title and interest in respect of all the joint family properties under a registered Release Deed dated 30.12.1974 by receiving a sum of Rs. 5,000/ - and since then, he has been enjoying the suit schedule property as his absolute property. It is also his case that the amount of Rs. 5,000/ - paid by him was invested by the plaintiff by purchasing the property at Shyanumangala Village and therefore, it was pleaded by the defendant that suit filed by the plaintiff was not maintainable. It is also his contention that item No. 7 in the suit schedule property is the self acquired property of his son. Based on the above pleadings, following issued were framed by the Trial Court: - -