DEVAMMA Vs. REVANAPPA

JUDGEMENT

(1.) This appeal is by the defendants.

(2.) Revanappa, the plaintiff, instituted a suit- O.S.No.13/2004 seeking for declaration that he was the absolute owner in actual possession of Sy.No.166/1 measuirng 35 guntas situated in Bellalgere Village, Channagiri Taluk, Davangere District. He also sought for consequential injunction to restrain the defendants from interfering with his possession. A declaration was also sought that the sale deed dtd. 17/12/2002 executed by defendants 1 to 6 in favour of defendant No.7 was void ab initio and was not binding on him.

(3.) It was the case of Revanappa that his father Siddappa had three sons viz Siddalingappa, Channabasappa and Revanappa. Defendant No.1-Devamma was the wife of the eldest son, Siddalingappa and defendant No.2 was the wife of the second son-Channabasappa, while defendants 3 to 6 were the sons of Channabasappa.