ADIVEPPA Vs. TANGEWWA

JUDGEMENT

(1.) This is the plaintiffs second appeal against the decree passed by the Civil Judge at Bagalkot in R.A. 4 of 1968 affirming the decree passed by the Munsiff at Bagalkot.in C.S. 9 of 1967.

(2.) The suit property is a house of which is the owner Shivanappa, the second defendant. The first defendant Tangewwa is the wife of the " second defendant. The plaintiff claims to have purchased the suit property on 2nd December 1957 from the second defendant. He has, on the basis of his title, filed the suit for possession. The second defendant filed a pursis consenting for a decree in favour of the plaintiff. It is only the wife, the first defendant that resisted the suit. Her main case is that the suit house has been given for her residence during her life time by the husband and that therefore the plaintiff is not entitled to secure immediate possession of the suit property from her in view of the bar contained in S.39 of the Transfer of Property Act. She has further pleaded that disputes arose between herself and her husband and as they were not pulling on well, the disputes were referred to the elders of the village. The elders brought about some sort of settlement between the parties in pursuance, of which the second defendant gave the suit property to the first defendant for her residence during her life time. It is, therefore, her case that during her life time the plaintiff will not be entitled to the possession of the suit property.

(3.) The Court of first instance held that the agreement pleaded by the first defendant is proved. It further held that the prqvisions of S.39 of the T. P. Act are attracted and consequently dismissed the suit. The decree Of the Court of first instance has been affirmed on appeal by the learned Civil Judge Hence this second appeal by the plaintiff