M S SEETHAMMA Vs. M K NEELAMMA

JUDGEMENT

(1.) This Regular Second Appeal arises out of the Judgment and decree dated 18-4-1975 passed in R. A. No. 22/71 by the Civil Judge at Coorg, Mercara dismissing the appeal brought by the legal representatives of the 2nd defendant and confirming the Judgment and decree dated 30-9-1964 passed by the Munsiff at Mercara in O.S. No. 436/51, a suit brought by the plaintiff for declaration of her title and also for possession of the plaint schedule properties together with future mesne profits and costs etc.

(2.) The case of the plaintiff as set out in the plaint may briefly be stated as under. Certain Moolemajalu Somayya and Chinnappa along with Belliappa and Subbanna (defendants-1 and 2 in the suit) formed a Joint Hindu Family governed by the Mitak-shara School of Hindu law owning certain movable and immovable properties. The said Somayya instituted O. S. No. 6/25 on the file of the then Subordinate Judge of Coorg against Chinnappa, his wife Muddamma, Belliappa, Subbanna and Jone Bangarakodi Derappa for partition of the joint family properties and separation of the plaintiff's share and allotment of the same to him. In that suit, a compromise decree came to be passed on 8-1-1926. Under the said compromise decree, the plaint 'A' schedule properties were allotted to the share of Chinnappa. The plaint 'B' schedule properties were recognised as the separate properties of Muddamma. Besides, Muddamma was also the owner of plaint 'C' schedule properties having purchased the same under two sale deeds dated 12-5-1915 and 10-9-1918, Chinnappa died in the year 1928 leaving behind Krishnappa his only son and his wife Muddamma. The plaintiff Neelamma' was married to Krishnappa son of Chinnappa. The plaint 'A' schedule properties came to be devolved upon Krishnappa on the death of his father Chinnappa. Muddamma also died on 8-8-1934, whereupon Krishnappa became the owner of the plaint 'B' & 'C' schedule properties by inheritance. Besides the plaint 'D' schedule properties were acquired by Krishnappa in the year 1941. Thus, Krislmappa was in enjoy-ment of the plaint 'A' to 'D' schedule properties as full owner during his life time. Krishnappa died on 3-10-1946. In the month of December 1946 a son by name Chandrashekara was born to Krishnappa posthumously and the said child also died a few days after it was born, thus leaving the plaintiff and her 3 daughters as his legal representatives. Thus, the plaintiff became the full owner of all the properties after the death of her husband and her son Chandrashekara, She being a helpless widow, allowed the suit properties being managed by defendants-1 and 2 on her behalf since 1946 after the death of her husband Krishnappa. The plaintiff was ignorant of her legal rights over the suit schedule properties On 10-5-1958 she was persuaded by defendants-1 and 2 to sign a deed and she signed the game on the misrepresentation of defendants-l and 2 and without understanding the true nature of the document and her legal position with respect to the plaint schedule properties. She was completely misled by defendants-1 and 2. The said document is not a registered one and was not acted upon, besides it having no legal effect. She called upon defendants-1 and 2 by a registered notice dated 17-10-1960 to deliver possession of the plaint schedule properties to her, but they refused to do so. Thus, she brought the suit for declaration and possession together with certain other consequential reliefs.

(3.) Both defendants-1 and 2 filed their respective written statements.