DEVAMMA Vs. SHANTHAIAH

JUDGEMENT

(1.) THIS Appeal is filed by the defendants against the judgment and decree passed by the III Addl. District & Sessions Judge, Mysore, in R.A. No. 303/2004, dated 4.9.2008.

(2.) THE lis is between the relatives i.e., plaintiffs are the children of sister of one Chikkajogisidda and defendants claim to be the legal representatives of Chikkajogisidda, born to the second wife of Chikkajogisidda. So far as suit schedule property is concerned, it is a land situated at Gujjegowdanapura Village, Jaipura Hobli, Mysore Taluk. Plaintiffs filed a suit in O.S. No. 46/1993 before the II Munsiff, Mysore, praying for declaration that they are the absolute owners of A and B schedule properties and also for permanent injunction restraining the defendants from interfering with the plaintiffs B schedule property. The trial Court after enquiry, having raised relevant issues for consideration, held that plaintiffs mother - Puttamadamma got right over the suit schedule property by virtue of death of Chikkajogisidda who died intestate and also by virtue of first defendant marrying after the demise of Chikkajogisidda. Ex.P -2 the Gift Deed reveals that Chikkajogisidda died intestate and accordingly, the trial Court held that plaintiffs have proved their title. It is also noted that defendants have not produced any proof to show their right and title over suit schedule property. The trial Court further held that Ex.D -3 produced by the defendants does not tally with A schedule property. Being aggrieved by the same, defendants preferred appeal in R.A. No. 303/2004 before the III Addl. District & Sessions Judge, Mysore. The District Judge dismissed the appeal confirming the order passed by the trial Court. Hence, this second appeal.