PILLA AKKAYYAMMA AND ORS. Vs. CHANNAPPA AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and decree in R.A. No. 110/2008 dated 11.1.2011 on the file of the Fast Track Court, Devanahalli.

(2.) The appellants are the legal representatives of the plaintiff -Smt. Subbamma in O.S. No. 402/1996 on the file of the Additional Civil Judge (Jr. Dn) & JMFC, Devanahalli. Subbamma filed the aforesaid suit for cancellation of the gift deed dated 12.3.1979 executed by Byamma, second wife of Venkatarayappa in favour of the second defendant and for permanent injunction restraining the defendants from interfering with their possession and enjoyment of the suit schedule properties. Alternatively, they sought for possession of the suit schedule properties in case the Court comes to a conclusion that the defendants are in possession of the properties.

(3.) The contention of the plaintiff is that the plaint schedule properties are ancestral properties of her father Venkatarayappa, son of Byrappa. Venkatarayappa had two wives, Chikkamuniyamma and Byamma. The plaintiff is the only daughter through his first wife Chikkamuniyamma. Venkatarayappa died on 26.6.1976 leaving behind his two wives to succeed to the suit schedule properties. After the death of the plaintiff's mother and step mother, she is in exclusive possession and enjoyment of the suit schedule properties.