MUNIYAMMA Vs. CHIKKANARAYANAPPA

JUDGEMENT

(1.) This second appeal is filed by the appellant challenging the judgment and decree dtd. 28/11/2014, passed in R.A.No.53/2011 by the Principal District Judge, Chikkaballapur, confirming the judgment and decree dtd. 30/7/2011 passed in O.S.No.120/2004 by the Senior Civil Judge, Chikkaballapur.

(2.) For the sake of convenience, parties are referred to as per their ranking before the trial Court. The appellant is the plaintiff and the respondent is the defendant. Plaintiff filed a suit for declaration of title, declaring that the plaintiff is the absolute owner of suit schedule properties and for permanent injunction. During the pendency of the suit, plaintiff got amended the plaint by adding relief for recovery of possession of the suit schedule properties.

(3.) The brief facts leading rise to filing of this appeal are as under: It is the case of the plaintiff that, the suit schedule properties belonged to the plaintiff's husband namely Narayanappa, who acquired the same under the registered partition deed. After the demise of the plaintiff's husband, the plaintiff and her son have succeeded to the estate of deceased Narayanappa. They are in possession and enjoyment of the suit schedule properties. The defendant taking advantage of the plaintiff being a widow, tried to interfere with the peaceful possession over the suit schedule properties. Therefore, the plaintiff filed the suit for declaration of title and permanent injunction. During the pendency of the suit, the plaintiff got amended the plaint and contended that in the month of March, 2010, the defendant unlawfully erected some pillars in item No.1 of the plaint schedule property and created evidence to show that he is in possession of the suit schedule properties and sought for the relief of possession.