SANGAVVA Vs. HANAMAPPA ALIAS HANAMANTAPPA

JUDGEMENT

(1.) PLAINTIFF of an original suit bearing O.S.No.30/2005 (Old No.233/1998) is before this Court challenging the concurrent findings. The suit filed for the relief of declaration of title and consequential relief of possession or in the alternative for partition and separate possession of the properties described in the schedule appended to O.S.No.30/2005 (Old No.233/98) came to be dismissed by a considered judgment dated 03.07.2008 by the learned Civil Judge (Sr.Dn.), Bilagi. Against the said judgment and decree, an appeal came to be filed under Section 96 of CPC before the Court of Prl. District Judge, Bilagi, in R.A.No.81/2008. The said appeal has also been dismissed after contest. It is these concurrent findings which are called in question on various grounds as set out in the appeal memo.

(2.) FACTS leading to the filing of the suit are as follows:

(3.) ACCORDING to the plaintiff, Dharmanna was alleged to be the legatee under Sangawwa. Suit schedule properties originally belonged to Karabasappa. In the light of Karabasappa having died in 1979 and as she had nobody to look after her, and as Dharmanna who is none other than his own brother's son was looking after her. Therefore, she is stated to have bequeathed the entire schedule properties in his favour through a registered Will dated 24.02.1998. On the basis of the said Will he is stated to be in lawful possession and enjoyment of suit schedule property.