LAWS(KAR)-2015-11-172

DHAREPPA Vs. KASTURIBAI AND ORS.

Decided On November 25, 2015
DHAREPPA Appellant
V/S
Kasturibai And Ors. Respondents

JUDGEMENT

(1.) THE appellant/plaintiff had filed the suit to pass decree of declaration and declare that the suit schedule properties are the joint family properties of himself and defendants 3 and 4 and for grant of consequential relief of permanent injunction, restraining the defendants 1 and 2 from causing any disturbance, in the peaceful possession and enjoyment of the suit properties by him. The appellant/plaintiff and the respondents/defendants 1 and 2, are the children of defendants 3 and 4. Defendant No. 3 filed the written statement and contested the suit. Memo was filed on behalf of the defendants 1, 2 and 4, adopting the written statement filed by defendant No. 3.

(2.) THE trial Judge on considering the pleadings of the parties, framed the following issues:

(3.) WHETHER the defendant No. 3 proves that the 'Occupancy Rights' with respect to land bearing Sy. No. 807/1 and 807/2 have been exclusively granted to him and same are his self -acquired properties?