G. SUSHILAMMA AND ORS. Vs. CHAMUNDI

JUDGEMENT

(1.) None appears for the appellants when the case was called twice on 24.08.2015. In the interest of justice, matter was posted to today. Again matter called twice. None appears. As the matter is of the year 2010, neither the appellant nor the counsel for the appellant is present.

(2.) This is a plaintiffs regular second appeal against the judgment and decree dated 19.02.2008 made in R.A. No. 31/2007 on the file of the I Addl. Civil Judge (Sr. Dn.), Bellary, confirming the judgment and decree dated 07.10.2006 made in O.S. No. 250/2002 on the file of the Addl. Civil Judge (Jr. Dn.), Bellary dismissing the suit for declaration and for possession.

(3.) The plaintiff -appellant filed the suit for declaration of title and possession contending that she is the absolute owner of the suit property and same was acquired by her mother A. Venkatamma under a registered sale deed dated 15.09.1975 for Rs. 6,000/ - from one Siddamma. After her mother acquired the ownership over the schedule property she continued to be in possession and after hear death, her husband father of the plaintiff continued to be in possession. Her mother died on 15.09.1985. The father of the plaintiff by name A. Gopalappa executed a will bequeathing the schedule property to the plaintiff as it was the intention of the mother of the plaintiff and plaintiff paid the consideration amount. Accordingly, the father of the plaintiff executed a Will' in favour of plaintiff on 28.05.1995 and also contended that the said Siddamma had entered into an agreement in her favour thereby agreed to re -convey the property if the consideration amount were to be paid within three years. Before expiry of three years, the consideration amount was paid by the plaintiff Accordingly, the sale deed came to be executed in favour of her mother and she contended that defendant has no right and interest over the suit schedule property etc. Therefore, she filed the suit.