PARBHAYYA Vs. NEELAMMA GURANNA

JUDGEMENT

(1.) Heard learned counsel appearing for the appellants and the learned counsel for the respondent.

(2.) This appeal is by the plaintiffs against the judgment and decree dtd. 26/9/2014 passed in O.S. No.161/2011 by the learned Senior Civil Judge Afzalpur, whereby the suit for declaration and injunction came to be dismissed with costs.

(3.) The brief facts germane for filing of this appeal are that, an agricultural land bearing Survey No.117 measuring 17 acres 15 guntas of Chincholli Village in Afzalpur Taluk was absolutely owned by one Sri Guranna S/o. Bheemanna; the plaintiffs contended that the said property was sold to one Smt. Ambawwa in the year 1973 and her name was entered in the revenue records. She died on 17/8/2004 leaving behind her only daughter Kashamma. Husband of Ambawwa had pre-deceased. After death of Kashamma, plaintiffs have become the absolute owners of the suit property being the children of Kashamma. They contended that they are personally cultivating in the suit schedule property and due to ignorance of Law they do not take any action to get their names entered in the revenue records. It is alleged that the defendant got her name entered in the revenue records and the same was questioned by the plaintiffs before the Assistant Commissioner as well as before the Deputy Commissioner in vain. When the defendant obstructed for the enjoyment of the suit schedule property, they were constrained to file the suit seeking declaration of ownership and perpetual injunction.