M. SURESH Vs. GOVINDAPPA AND ORS.

JUDGEMENT

(1.) THE Counsel for the appellant remains absent and a request is made for an adjournment. However, the learned Counsel for the respondent would point out that the matter has been heard at length on more than two occasions and when this court had expressed an opinion that the appeal may lack in merit and about to dispose of the appeal, a request for an adjournment was made and the matter stood adjourned and therefore, the appeal would have to be disposed of on merits on the basis of the contentions already urged before this court.

(2.) THE appellant was the plaintiff before the trial court. The case of the plaintiff was that land bearing Survey No. 16/3, totally measuring 4 acres of Laggere Village, Bangalore North Taluk belonged to one Ammayamma @ Ramakka. The said Ammayamma had sold the same in favour of Thimmakka @ Gundamma under a registered sale deed dated 6.1.1964. The said Thimmakka was in possession and enjoyment of the said land as the absolute owner and that the revenue records also stood in her name. It was the plaintiffs claim that subsequently, the plaintiffs mother one Kamalamma had purchased the entire 4 acres of land from Thimmakka under a registered sale deed dated 20.1.1972 and from the date of purchase, it is claimed that the plaintiffs mother was exercising possession and was paying taxes to the competent authority and that the khata also stood in her favour. It was further alleged that the Kamalamma had two sons and two daughters namely, Suresh, the plaintiff herein, Shivashankar, Rathnamma and Dhanalakshmi. It appears that the daughters are said to be married and living alongwith their families. The plaintiffs brother, Shivashankar was residing with the plaintiff and that during the life time of Kamalamma, she was looking after the affairs of the family and managing the properties and she had died on 5.2.2000 leaving behind the appellant and others. After the death of Kamalamma, the plaintiff - appellant, being the elder son of Kamalamma had been taking care of the joint family consisting of the appellant and his brother and sisters.

(3.) THE judgment of the court below cannot be faulted. The dismissal of the suit is in order. The appeal is dismissed.