SUBBAMMA Vs. NARASIMHAPPA AND ORS.

JUDGEMENT

(1.) THE first defendant in O.S. No. 95/2004 has preferred this second appeal, assailing judgment and decree passed in R.A. No. 16/2006 dated 09.12.2010, by the Senior Civil Judge & JMFC, Chintamani, confirming the judgment and decree passed in O.S. No. 95/2004, by the Civil Judge (Jr.Dn.) & JMFC, Chintamani dated 14.12.2005.

(2.) FOR the sake of convenience, the parties shall be referred to, in terms of their status before the Trial Court.

(3.) ON receipt of the suit summons, the defendants appeared before the trial Court through their counsel. The first defendant filed her written statement denying the allegations made in the plaint. She however admitted that Githira Narasappa had three children, Kadirappa, Pedda Venkatappa and Chikka Venkatappa and that all were dead. Kadirappa had one son by name Muddalappa i.e., her husband. During the life time of Kadirappa, Pedda Venkatappa and Chikka Venkatappa had divided the joint family properties and had taken their respective shares in the properties and that the suit schedule property had fallen to the share of the first defendant. The husband of the first defendant misused the gold ornaments given at the time of her marriage. When the first defendant demanded the same, her husband had sold property bearing Kaneshumari No. 71 and put the first defendant into actual possession of the said property as per registered sale deed dated 13.03.1978 and since that date she was in possession and enjoyment of the suit schedule property. The first defendant executed a registered Will in favour of one K.G. Venkataramanappa on 8.4.2004 in respect of suit property along with other properties. According to the first defendant, the plaintiff had no right, title or interest in the said property. Therefore she sought for dismissal of the suit.