SHIROMANI Vs. GODAVARI

JUDGEMENT

(1.) This Second Appeal in RSA No.7386/2010 is arising from the judgment and decree in O.S.No.212/1997. The plaintiffs who are the daughters of Muslappa claimed declaration of title over the property bearing Municipal No.11/1/114 (old)/10/2/143(new) situated at Pakalwada, Bidar. The extent of the property is 84 feet North-South and 135 feet East-West. The plaintiffs also sought recovery of possession of a portion of the suit property from the defendant - their brother. The said portion of the property is shown in yellow in the sketch appended to the plaint.

(2.) The plaintiffs claimed title over a portion of the suit property based on 3 registered sale deeds (Exs.P.1 to P.3) dtd. 20/7/1987, executed by their father. The relief of declaration is also sought based on the Will dtd. 18/11/1987 said to have been executed by their father- Muslappa.

(3.) The defendant/Shiromani resisted the suit, disputing the validity of the sale deeds. He contends that he too is the joint owner of the property along with his father, as such the sale deeds and the Will executed by the father-Muslappa do not bind him.