L. KRISHNAMURTHY Vs. SANNAERAMMA AND ORS.

JUDGEMENT

(1.) THE case of the plaintiff is that she is the daughter of defendant No. 1 who died after filing of the suit. Defendant No. 2 is her sister. Defendant No. 3 is the purchaser of the suit schedule item No. 1 from the first defendant through a registered sale deed and that it is not binding on the plaintiff's share, since there was no consent for the alleged document. Therefore, the third defendant has no right over the suit property and that the suit property is her ancestral property. Therefore, the plaintiff filed a suit seeking for 1/3rd share in the suit property.

(2.) THE defendant Nos. 1 and 2 on appearance partly denied the suit averments. They contended that the suit is bad in law for non -joinder of Nagappa and Doddappa as necessary parties, as they are the sons of the bother of the husband of the plaintiff and the same has been mentioned in the sale deed executed by the first defendant on 20.05.1999 in favour of the third defendant. The plaintiff is the consenting witness to the registered sale deed executed by the first defendant in favour of third defendant. That the suit is not maintainable for the reasons assigned therein. Based on the same, the trial court framed the following issues:

(3.) The plaintiff was examined as PW -1 and eight documents were marked. No evidence was let -in on behalf of defendant. Issue No. 1 was held partly in affirmative. Issue No. 2, 3, 4 and 6 were held in the negative and issue No. 5 was held in the affirmative.