LAKSHMAMMA Vs. MAHADEVAMMA

JUDGEMENT

(1.) DEFENDANT of an original suit bearing O.S. No. 381/1993 on the file of the Court of Civil Judge (Jr.Dn.) & JMFC, T. Narasipura, Mysore District, is before this Court challenging the divergent judgment passed in R.A. No. 2/2006 by the learned Civil Judge (Sr.Dn.), T. Narasipura, on 20.07.2007.

(2.) SUIT filed for the reliefs of partition and separate possession by the respondents as plaintiffs in the trial Court came to be partly decreed. Against the said judgment and decree, plaintiffs preferred an appeal under Section 96 of CPC insofar as it relates to the rejection of relief pertaining to item No. 1. The said appeal came to be allowed and as such, suit has been decreed in its entirety by the First Appellate Court. It is this judgment of the First Appellate Court which is called in question on various grounds as set out in the appeal memo.

(3.) CASE put forth before the trial Court by the defendant Puttamadamma's daughter -Lakshmamma, was after the death of Kenchaiah, she i.e., Puttamadamma, took the property on lease from the owner and filed an application in Form No. 7 seeking Occupancy Right and that the Land Tribunal chose to grant occupancy right in favour of her mother. Therefore, it was averred that the property so granted in favour of her mother Puttamadamma was her absolute property and after her death, she is stated to have inherited the properly absolutely.