VENKATESHAPPA Vs. DODDAMUNIVENKATAMMA

JUDGEMENT

(1.) This is defendant's second appeal. Respondents jointly instituted O.S. No. 25 of 2002 on 10-9-2004 before the Principal Civil Judge, Junior Division, Kolar for permanent injunction restraining the appellant arraigned as defendant from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule Items 1 and 2 properties being agricultural lands together with eucalyptus trees and shed construed thereon. In the plaint it was asserted that the plaintiffs are sisters given in marriage to Gopalappa and are in enjoyment of the suit schedule properties, the first item of which relates to Sy. No. 8/2 which fell to the share of the plaintiff's father, in a partition on which eucalyptus trees are grown, while 8 guntas acquired by the plaintiffs under 'pavathi-varasu', they have put up a shed for silk rearing and put to use for tethering cattle and stacking hay. On the allegations that the defendants sought to interfere with the suit schedule property the suit was instituted.

(2.) Defendant when served with summons entered appearance and filed a written statement admitting that the total extent of land in Sy. No. 8/2 is 1 acre from out of which plaintiffs are entitled to 20 guntas of land, having fallen to their father's share in a partition. It was denied that plaintiffs have right, title or possession over 8 guntas of land, being suit Item 2 property. Defendant contends that by creating documents a false and frivolous suit is filed. According to the defendant 20 guntas of land in Sy. No. 8/1 fell to the share of their father plaintiffs are not in possession and enjoyment of 8 guntas of land.

(3.) The Trial Court in the premise of pleadings of the parties framed the following issues: