NARASAKKA Vs. D. RUDRAIAH

JUDGEMENT

(1.) PRESENT appeal is filed under Section 100 of CPC by the plaintiff of an original suit bearing O.S. No. 208/1984 which was pending on the file of the then Prl. Munsiff & JMFC, Madhugiri, Tumkur District. Appellant is the daughter of deceased plaintiff Narasakka and she came on record in the Trial Court after the death of her mother. Suit filed for the reliefs of declaration of title and permanent injunction by her mother came to be decreed as prayed for after contest vide judgment dated 16.07.1997. Against the said judgment and decree, the defendants filed a regular appeal before the Court of Civil Judge (Sr. Dn.) & JMFC, Madhugiri, under Section 96 of CPC in R.A. No. 51/1997. The said appeal has been allowed and the judgment and decree passed by the Trial Court in O.S. No. 208/1984 has been set aside. Consequently, suit has stood dismissed. It is this divergent judgment which is called in question as set out in the appeal memo. Parties will be referred to as plaintiff and defendants as per their ranking given in the Trial Court.

(2.) FACTS leading to the filing of the present appeal are as follows:

(3.) DEFENDANT Nos. 1 and 2 chose to file a detailed written statement denying all the material averments. They had called upon the plaintiff to prove the contents of the plaint strictly. First defendant is stated to have purchased item No. 1 of the suit property through a registered sale deed and he is in lawful possession of the same since 02.05.1984. First defendant is stated to have purchased the same through registered sale deed dated 02.05.1984 from Range Gowda @ Gujjanna deceased husband of plaintiff, Krishnappa, Hanumantharayappa and Krishnappa, Hanumantharayappa and Jayaramappa, S/o Kurirangappa, and the same is registered as document No. 179/1984 -85. It is specifically averred that the properties never belonged to Range Gowda absolutely and therefore, question of inheritance of these properties by Narasakka did not arise.