BHAGYAMMA Vs. T L BASAVARAJU

JUDGEMENT

(1.) THIS second appeal is by the plaintiffs being aggrieved by the judgment and decree passed by the Civil Judge (Sr. Dvn.), Arsikere in RA 22/1997 confirming the judgment and decree passed by the Munsiff, Arsikere in OS 213/1989 and dismissing the appeal filed by the plaintiffs.

(2.) ACCORDING to the plaintiffs, one propositus Mallappashetty had two children by name Kotappa and Mallamma. Kotappa had a son by name Papanna who died issueless and a daughter by name gurusiddamma who had a son by name Honnappa. Mallappashetty bequeathed the property in favour of Gurusiddamma. The said Gurusiddamma pre-deceased Honappa who also died issueless. This Mallappashetty's daughter Mallamma i. e. , Gurusiddamma's paternal aunt had two sons by name Veerabhadrappa and Parmeshappa. Veerabhadrappa and Parmeshappa are the plaintiffs claiming the suit property inherited by Honappa son of Gurusiddamma in whose favour the property was bequeathed by Mallappashetty.

(3.) ACCORDING to the plaintiffs, the defendants i. e. the 1st defendant is said to have entered into an agreement of sale with Honappa in respect of the suit property which measures 3. 33 acres and the said Honappa had died issueless. It appears in turn the 1st defendant is said to have sold half share of the property to the 2nd defendant without there being a right of acquisition of title by him. According to the 1st defendant, he is said to be in possession by virtue of the sale agreement and thereafter he sold half share of the property in favour of 2nd defendant. The same has been challenged by the plaintiffs by filling a suit for declaration and possession before the munsiff, Arsikere.