VADDARA DODDA YENKAPPA, Vs. VADDARA GALAMMA,

JUDGEMENT

(1.) DEFENDANT of O.S. No. 44/2001 which was pending on the file of Court of Prl. Civil Judge (Jr. Dn.), Hospet is before this Court challenging the concurrent findings. The respondent herein is the plaintiff in the said suit. Parties will be referred to as plaintiff and defendant as per their ranking given in the trial Court.

(2.) FACTS leading to filing of suit are as follows: Plaintiff is stated to be the wife of one Yankappa who was called as Vaddara Yamme Kayo Yankappa. The said Yankappa was a resident of Malapanagudi village of Hospet Taluk, Bellary District. Yankappa was stated to be the absolute owner in possession of the schedule property and it was his ancestral property. It is the case of the plaintiff that she left her house at the time when she was pregnant and, when she came back few years after delivery, she was surprised to see that the defendant had occupied the suit house illegally. Hence she got issued legal notice to the defendant on 13.08.1999 calling upon him to vacate and hand over the vacant possession of the schedule property measuring East -West 20 ft. North -West 30 ft. bearing door no. 179 situated in Malapanagudi Grama Panchayath and village bounded on the East by lane, Westhouse of Guleda Mareppa, North -House of Sanklapura Thindappa and South -Venkatramana temple. Since the defendant took up untenable stand in his reply notice she was forced to file a suit for declaration of title and possession.

(3.) ON the basis of the above pleadings the following issues came to be framed by the trial Court on 04.01.2002.