ANTHAPPA Vs. DISTINAPPA ALIAS SUBBANNA

JUDGEMENT

(1.) THIS second appeal is by the plaintiff being aggrieved by the judgment and decree passed by the Principal District Judge, Hassan in r. A. No. 22 of 1995 confirming the judgment and decree passed by the civil Judge (Senior Division), Holenarasipura in O. S. No. 56 of 1991.

(2.) THE parties are referred according to their rank before the Trial court. Plaintiff filed a suit before the Civil Judge (Senior Division), holenarasipura seeking for declaration to declare him as the absolute owner in possession of the suit schedule properties stating that it is his self-acquired properties and also sought for a permanent injunction. The said suit was resisted by the respondent/defendant on the ground that though they belong to Roman Catholic Christians, customarily they were bound by the principles of Hindu Law in the matters of succession. Further, it is alleged that all the suit schedule properties are ancestral and coparcenary in nature and defendant was one of the co-owner, as such, the suit is not maintainable for injunction. Based on the pleadings, the Trial Court has framed as many as seven issues and after evidence was let in and after hearing the parties, the suit of the plaintiff was dismissed. Aggrieved by the same. R. A. No. 22 of 1995 was preferred before the Principal District Judge, Hassan which also came to be dismissed on 18-1-2000. Hence, this second appeal by raising several substantial questions of law.

(3.) AT the time of admission on 22-5-2000, the following substantial questions of law were raised by this Court: