SANTOSH Vs. SARASWATHIBAI

JUDGEMENT

(1.) THIS appeal by the defendants is directed against the judgment and decree passed by the Court of District. Judge, Bidar, in R. A. No. 32/2000 dated 2-1-2003 allowing the appeal and setting aside the judgment and decree passed by the court of Civil Judge (Sr Dn.), basavakalyana, in O. S. No. 210/1993 dated 11-8-2000 and decreeing the suit of the plaintiff as prayed for, for declaration of title and injunction against the defendants.

(2.) THE essential facts of the case leading upto this appeal with reference to the rank of the parties before the trial Court are as follows : the plaintiffs filed the suit for declaration of their title to the schedule property and for permanent injunction against the defendants from interfering with the peaceful possession and enjoyment of the schedule property. The suit schedule property is described as 6 acres 33 guntas of land in sy. No. 73 situated at Khandala village, basavakalyana Taluk.

(3.) IT is averred in the plaint that the plaintiffs are the daughters of Sundrabai wife of trimukhrao Patil. Defendant No. 4 is the step mother of the plaintiffs. Defendant No. 3 is the widow of defendant No. 4's son and defendants 1 and 2 are the sons of defendant no. 3. Defendants 1 and 2 were minors and they are under the care and protection of the real mother-defendant No. 3. It is averred in the plaint that Sundrabai was the absolute owner in possession of the schedule property in Sy. No. 73 measuring 6 acres 33 guntas. She was the divided member of the family and she was residing separately from the defendants in House no. 1 -9 situated at Khandala village and the suit land was allotted to her share. The mother of the plaintiffs was cultivating the suit land personally as absolute owner and after her death on 16-10-1992 the plaintiffs being the daughters who are only heirs have succeeded to their property owned by sundrabai. However, since the defendants filed objections before the Village Accountant for entering the name of the plaintiffs and also tried to interfere with the possession and enjoyment of the suit schedule property, the suit was filed for declaration of title and injunction.