ANNI POOJARI Vs. LEELA BAI

JUDGEMENT

(1.) SECOND appeal is by the defendant challenging the finding of the Civil Judge (Sr. Dvn.), Karkala in RA 634/2005 on 14.11.2008.

(2.) ORIGINALLY suit was filed by the respondent plaintiff before the trial court i.e., before Prl. Civil Judge (Jr. Dvn.), Karkala in OS 76/1992 for permanent injunction. Plaintiff is the wife of one M. Jarappa Poojary. The defendant is said to be the nephew of Jarappa Poojary. According to the plaintiff, after the death of her husband, she is entitled for the A Schedule property which belongs to Jarappa Poojary S/o. Thaniya Poojary. Plaintiff is having three children viz., Kalavathi, Dinavathi and Yashodara. Having succeeded to the right, title and interest of the deceased Jarappa Poojary, on interference by the defendant, she filed a suit. The stand taken by the plaintiff is, defendant is a stranger and a trespasser, etc. It is submitted that 2nd defendant who is a stranger was working as a driver and had been accommodated by Jarappa Poojary in two rooms and also Jarappa Poojary used to advance money to this defendant and vice versa. When they asked defendant to go out of the house on the death of Jarappa Poojary, he refused to do so rather he tried to stand by the alleged Will which is said to be concocted.

(3.) HEARD the counsel representing the parties.