ABHIMANNU REVANSIDDAPPA Vs. GAYATRI B. BABURAO

JUDGEMENT

(1.) The LRs of the defendant No.1 in O.S.No.102/2001 are before this Court in second appeal challenging the divergent finding of the first appellate Court in R.A.No.4/2011 dtd. 24/1/2013 whereby the suit came to be decreed are before this Court.

(2.) The parties would be referred to as per their rank before the Trial Court for the sake of convenience.

(3.) The factual matrix of the case is as below: The Ratnabai wife of Hanmanth Rao had nine daughters. Plaintiff is daughter of the ninth daughter of Ratnabai. The defendant No.1/appellant is the son of Subhadrabai, who is fifth daughter of Ratnabai. Subhadrabai is defendant No.2 in the suit. The suit schedule property, which is the house bearing No.1-7-5 and 3 (old number), 1-7-4 (new number) situated at Purana Bazar Yadgir was standing in the name of Ratnabai. She executed a registered sale deed in favour of the grand father of the plaintiff, Bidarkar Ramachandra Rao on 15/11/1969 for a sum of Rs.3,000.00. Plaintiff contend that Ramachandra Rao was in possession and enjoyment of the said property as absolute owner and his name was recorded in the municipal record and after his death, the name of the plaintiff is appearing in the municipal record and she is paying the tax. In the year 1991 the defendant started interference in enjoyment of the property and therefore she filed O.S.No.43/1991 for relief of injunction. After context the suit came to be dismissed, and appeal was filed in RA No.44/1995, which also came to be dismissed on 27/1/1999. Thereafter, the plaintiff was disposed from the suit schedule property illegally and when the plaintiff sought possession, the defendants refused and therefore the plaintiff filed the present suit i.e. O.S.No.102/2001 seeking the relief of declaration and possession of the suit schedule property.