DANAMMA KOM Vs. LALITA KOM

JUDGEMENT

(1.) Appellants/plaintiffs feeling aggrieved by the judgment of first Appellate Court-Fast Track Court, Sirsi, in R.A.No.415/2009 dtd. 16/6/2010, preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of plaintiffs can be stated in nutshell to the effect that propositus Shivayya @ Shivanna Basanna Chaluvadi and his wife Guttemma died on 25/12/1990 and 26/6/1993 respectively. Plaintiffs are their daughters and they have a brother by name Hanumantappa Chaluvadi (disputed by plaintiffs). Occupancy rights of the suit property was granted to their father Shivanna which is evidenced under the Mutation Entry No.2066 dtd. 14/7/1981. Plaintiffs being daughters of Shivanna are claiming declaration and consequential relief of injunction with respect to suit property on the basis of registered Will dtd. 12/12/1990 executed by their father Shivanna. The plaintiffs right from the date of acquiring right over the suit property are in actual physical possession and enjoyment of the same. One Hanumantappa Chaluvadi who was residing with their father Shivanna got entered his name in the records without notice to the plaintiffs and said entries are not binding on the plaintiffs. The defendants being the wife and children of deceased Hanumantappa Chaluvadi started asserting their right over the suit property. Therefore, plaintiffs were constrained to file suit for the relief claimed in suit.