NARAYAN Vs. SHRIDHAR

JUDGEMENT

(1.) CONCURRENT findings are called in question before this Court under Section 100 of CPC by the defendant against whom a suit filed for the relief of declaration of title and permanent injunction in O.S.No.115/1996 has been decreed. The said judgment and decree has been upheld by the learned Senior Civil Judge, Honavar, in R.A.No.385/2001 vide considered judgment dated 20.04.2010.

(2.) RESPONDENTS herein are the legal representatives of deceased Smt.Shankari. The defendant also died during the pendency of the appeal and legal representatives have been brought on record. Parties will be referred to as plaintiff and defendant as per their ranking given in the trial Court.

(3.) PLAINTIFF Shankari, is the wife of the one Rama Hegde. According to her, the property in question belonged to her father -in -law and the same had been inherited by her husband. After the death of her husband she is stated to be in lawful possession and enjoyment of the suit schedule property as described in the schedule appended to the plaint. When the defendant Ishwar Narayan Hegde, attempted to deny her title and tried to interfere with her possession, she had to file a suit seeking the reliefs of declaration, title and permanent injunction. ' Defendant resisted the suit on various grounds. According to the defendant, entire land in Sy.No.77/2 was purchased by him from the plaintiff's father -in -law through registered sale deed dated 18.12.1946. According to him, suit schedule property is a part and parcel of the property purchased by him through registered sale deed dated 18.12.1946 and therefore the suit is not maintainable either in law or on facts. According to him, suit is stated to be barred by time. On the basis of the above pleadings, following issues came to be framed.