RUDRAPPA Vs. HANUMAKKA

JUDGEMENT

(1.) The captioned second appeal is filed by defendants assailing the concurrent judgments of the Courts below wherein plaintiffs suit is decreed declaring plaintiffs as absolute owners of the suit schedule properties and consequently, the defendants are directed to deliver possession of the suit schedule properties to the plaintiffs within a period of three months from today.

(2.) For the sake of brevity, the parties are referred to as per their rank before the trial Court.

(3.) The plaintiffs instituted a suit by contending that the suit schedule properties were originally owned by one Puttamma and that after her death, the mother of plaintiff Nos.2 and 3 and wife of plaintiff No.1 inherited the properties left behind by her mother Puttamma. The plaintiffs further claimed that the daughter of Puttamma by name Kariyamma who is the mother of plaintiff Nos.2 and 3 died about 17 years ago. The plaintiffs further contended that after the death of Kariyamma, plaintiff No.1 married Eramma who is the second wife. Since Eramma developed hostile attitude towards plaintiff Nos.2 and 3, the plaintiff No.1 requested one Sannakka wife of one Baggajja of Yalagatta Gollarahatty in Challakere Taluk who is the maternal aunt of plaintiff Nos.2 and 3 to look after the minor daughters i.e., plaintiff Nos.2 and 3. The plaintiffs further claimed that they are illiterate and after death of Kariyamma, they did not get their name mutated to the properties in question. However, plaintiff Nos.2 and 3 claimed that they are in exclusive possession over the suit lands along with plaintiff No.1.