VASUDEV Vs. TUKARAM BHIMAPPA NAIK

JUDGEMENT

(1.) Respondents herein were defendants in an original suit bearing O.S.196/1990, which was pending on the file of Addl. Civil Judge (Jr.Dn.), Raibag. Appellants were plaintiffs in the said suit. Parties will be referred to as plaintiffs and defendants as per their ranking before the trial Court.

(2.) Plaintiffs 1 and 2 were minors at the time of filing suit. One Yellappa is the father of plaintiff Nos.1 and 2 and husband of plaintiff No.3. Suit schedule properties measuring 1.14 acres in Sy.No.19/1A/1B/3 and 5 guntas in Sy.No.19/1A/1B/4 of Khanagal Village, Raibag were the ancestral property of plaintiffs and Yellappa. The said Yellappa sold these properties in favour of three members belonging to the family of Jodatti through a registered sale deed in the year 1983 for a consideration of Rs.15,000/-. Later on, the purchasers i.e., the members of the Jodatti family sold the same in favour of defendant Nos.3 and 4 through a registered sale deed in the year December 1984.

(3.) According to plaintiffs, Yellappa had no legal necessity to alienate the property and there was no pressure on the estate of joint family to alienate the property in favour of members of the Jodatti family. According to the plaintiffs, they are in lawful possession of these properties and at no point of time, possession was handed over to Jodatti family, who are alleged to have sold the same to defendant Nos.3 and 4, who claim title strongly on the basis of the deed stated to have been executed by Jodatti family in their favour. Hence, they had sought for the relief of permanent injunction.