CHANNAMMA SINCE DECD. BY LRS., MURIGEPPA HUCHCHAPPA SHETTAR AND JAYADEVAPPA HUCHCHAPPA SHETTAR Vs. VIRUPAXAPPA @ YUVARAJ

JUDGEMENT

(1.) THE present appeal is filed by the defendants of an original suit bearing O.S. No. 22/1996, which was pending on the file of Civil Judge (Sr. Dn.) & CJM, Gadag. The respondent herein was the sole plaintiff in the said suit. The appellants herein had filed a suit in O.S. 87/1995 against the respondent herein and others. Both the suits had been clubbed to record common evidence and to dispose of the same by a common judgment.

(2.) THE respondent herein namely Virupaxappa will be referred to as plaintiff and appellants herein will be referred to as defendants. The plaintiff had filed the suit in O.S. 22/1996 for relief of declaration and possession in respect of 5 rooms out of a building consisting of 35 tenements situated in Gadag City.

(3.) DEFENDANTS appeared and filed detailed written statement denying the plaint averments inclusive of declaration of title by the plaintiff on the basis of Ex. D -5 Gift deed dated 14.10.1975. O.S. 87/1995 filed by these appellants against Virupaxappa was filed for the relief of partition and separate possession of the entire building consisting of 35 rooms on the ground that they, being successors of Ningammam, are entitled for partition. The said suit had also been resisted by Virupaxappa as defendant taking up a plea which is identical to the one taken up by him in the plaint filed in O.S. 22/1996.