NAGANNA B NINGAPA Vs. SHIVANNA B NIGAPPA

JUDGEMENT

(1.) THE appeal filed against the judgment and decree passed in RA32/02 on the file of the District Judge, Mandya arising out of the judgment and decree passed in O. S. No. 96/00 on the file of Civil Judge, senior Division, Maddur.

(2.) THE appellant is the defendant in the suit. The plaintiff filed a suit for declaration of title and permanent injunction against the defendant not to interfere with the possession and enjoyment of the suit schedule property bearing Sy. No. 265 measuring 3 guntas in Kadukothanahalli of Maddur taluk. The plaintiff submits that the plaintiff and defendant are brothers. In the year 1981 there was a partition amongst the brothers and a written memorandum of partition was recorded on 12-9-1982 styled as palupatti. Six months thereafter there was redistribution of properties in partition under Ex. P2, according to which the plaintiff was allotted the suit property and claims to be in possession. The suit is filed seeking declaration of title and injunction when the defendant took hostile attitude.

(3.) THE defendant denied the case of the plaintiff contending that Ex. P2 is concocted, denied the right, title and possession of the plaintiff over the suit property. The trial Court holds that the deed of Ex. P. 2 being unregistered cannot invest any title in the plaintiff and dismissed the suit. The first appellate court reverses the finding and holds that under Ex. P. 2 the plaintiff derived title, accordingly allowed the appeal and the suit of the plaintiff by setting aside the judgment and decree of the trial Court. Hence, the second appeal.