MURTHAIAH Vs. M. YESHODHAMMA

JUDGEMENT

(1.) The case of the plaintiff is that the suit schedule property originally belonged to her mother-in-law Thimmamma. The property was given to the said Thimmamma by the Government under the temporary Saguvali Chit, which was granted to her somewhere in the year 1959. Ever since then, she was in possession of the property. Thereafter, she bequeathed the property by executing a registered Will dated 11.06.1990 in favour of the plaintiff. Thimmamma died on 04.05.1994.

(2.) On her death, the plaintiff became the absolute owner of the suit schedule property. The property measures 3 acres, 36 guntas. That prior to the filing of the suit, the defendant having no right over the said property dispossessed the plaintiff to an extent of 1 acre and continued to be in possession. Hence, the instant suit was filed seeking for a declaration that she is the absolute owner of the plaint 'A' schedule property, measuring 3 acre, 36 guntas and possession of 'B' schedule property, which is part of 'A' schedule to extent of 1 acre.

(3.) On service of suit summons, the defendant entered appearance. He denied the plaint averments. He contended that Thimmamma could not have bequeathed the entire extent of 3 acre, 36 guntas to the plaintiff. That the property was sold to the defendant under a registered sale deed 14.02.1968, to an extent of 1 acre. That the possession was delivered on receiving the consideration. Ever since then, the defendant's father was in possession and enjoyment of the same. After his death, the defendant is in possession of the same. They have been in possession of 'B' schedule property to an extent of 1 acre, to the knowledge of the plaintiff, as well as Thimmamma. The defendant also set-up a plea of adverse possession.