GIRIJADEVI Vs. ADIVEPPA VIRABHADRAPPA VEERASHETTAR ALIAS ANGADI

JUDGEMENT

(1.) BOTH these appeals filed u/S 100 of CPC have arisen out of the common judgment and decree passed in R.A. No. 39/04 and 40/04 which were pending on the file of Court of Senior Civil Judge of Ron, Gadag District. Appellant was the first defendant in O.S. No. 253/1991 and first respondent herein was the plaintiff in the said suit. Other defendants were defendant nos.2A to 2E and 3 in the said suit. Parties would be referred to as plaintiff and defendants as per their ranking in the trial Court.

(2.) PLAINTIFF -Adivappa chose to file a suit for the relief of declaration that he has 1/3rd undivided share along with defendant nos.2 and 3 in the suit schedule properties and for consequential relief of injunction restraining the other defendants from obstructing his peaceful possession and enjoyment of the suit property and also for rectification of the entries in the revenue records. Suit properties are landed properties bearing respondent -sy. No.138/4 measuring 6.22 acres and 138/5 measuring 4.35 acres of Rajoor village in Ron Taluk. Originally suit properties belonged to two persons, namely, Adiveppa and Kalakappa, who were the ancestors of the plaintiff and defendants nos.2 and 3. After the death of the above two persons, plaintiff and defendant nos.2 and 3 inherited these two lands and they are stated to be in joint and constructive possession of these two lands mentioned above. Plaintiff is stated to be having 1/3rd share in the suit property. Similarly defendants nos.2 and 3 have 1/3rd share each in the suit property is the averment. According to the plaintiff, first defendant is not related either to him or to the defendant nos.2 and 3 in any manner and that defendant no.1 is an absolute stranger to him and also to defendant nos.2 and 3. In collusion with defendant nos.2 and 3, the first defendant is stated to have got managed to incorporate his name in the revenue records through mutation entry no. 2976 dated 28.07.1989 stating that defendant nos.2 and 3 have jointly filed a varadi along with him to the revenue authorities. Being aggrieved by the said incorporation of the name of the first defendant in the revenue records and being aggrieved by the proclamation of the first defendant that plaintiff does not have any share in the suit schedule property, the above suit came to be filed.

(3.) THE sum and substance of the written statement filed by the first defendant is that originally properties belonged to Adiveppa and Kalakappa and that defendant no.1 is the relative of plaintiff and defendant nos.2 and 3. According to him plaintiff and defendants nos.2 and 3 had taken some gold and money from him and in the light of their inability to repay the amount, have relinquished their rights over the suit property and handed over possession of the suit land in his favour about 25 -26 years ago prior to filing of the suit. Since then he is stated to be in lawful enjoyment of the property and therefore his name finds a place uninterruptedly in the revenue records. Suit of the plaintiff is stated to be not maintainable either on facts or law and this he requested the Court to dismiss the suit.