MAHADEVAPPA Vs. PARWATIBAI

JUDGEMENT

(1.) THE unsuccessful defendant No. 9 in O.S. No. 14/2003 has filed this regular second appeal against concurrent findings recorded by the trial court and the I -Appellate Court raising the following substantial questions of law:

(2.) I have heard Sri Ameet Kumar Deshpande, learned counsel for the appellant and Sri Ashok S. Kinagi, learned counsel for the respondents.

(3.) THE plaintiff filed suit for declaration of title and possession in respect of suit schedule properties. The first item of the suit property is land bearing Sy. No. 287/1 in an extent of 5 acres 5 guntas situate in Talikoti village and the second item of the suit property is a house property bearing CTS No. 2322/A measuring 37.63 sq. meters situate in Kamanahatti Oni, Talikoti village. The relationship between the parties as extracted supra is not in dispute. It is also not in dispute that these properties were held and left by Bhimappa, propositus. The plaintiff is the wife of Mallayya elder son of the deceased Bhimappa. Defendant Nos. 1 to 9 represent the branch of Shankreppa, the second son of deceased Bhimappa. Chandappa and his descendants are not made parties as they have not disputed the rights of the plaintiff in the suit schedule properties. The last son of Bhimappa namely Amarappa died issueless.