DEVAMMA AND ORS. Vs. SUMITHRA AND ORS.

JUDGEMENT

(1.) These are defendants appeals directed against the judgment and decree in R.A. Nos. 27/2009, 28/2009 and 29/2009 dated 16.11.2013 on the file of the II Addl. District and Sessions Judge, Kanakapura, Ramanagara District. The appeals in R.A. Nos. 27/2009, 28/2009 and 29/2009 arose out of a common judgment and decree in O.S. Nos. 343/2006, 344/2006 and 345/2006 dated 21.2.2009 on the file of the Principal Civil Judge (Sr. Dn.) at Ramanagaram.

(2.) The aforesaid three suits were filed by different plaintiffs against the common defendants. O.S. No. 343/2006 was filed by Shama Rao, O.S. No. 344/2006 by Smt. Sumithra and O.S. No. 345/2006 by H.G. Nagaraj and three others. The common defendants are Devamma, Eshwarappa, P.Nagesha and Mahesh. The subject matter of the three suits are land bearing Sy. No. 687/1 measuring 27 guntas, 5 guntas and 7 guntas respectively situated at Harohalli Village & Hobli, Kanakapura Taluk. The properties were described by distinct boundaries in the schedule of each of the plaints.

(3.) In O.S. No. 343/2006, the case of the plaintiff is that the suit schedule property was his ancestral property. He was the only son to his parents. The suit schedule property was allotted to his father under a partition deed dated 20.5.1923 measuring 27 guntas. Due to bonafide mistake, it was wrongly entered as 5 guntas in RTC from 1974 -1975 to 2004 -2005. The first defendant taking advantage of her husband's name, Venkata Jetty, managed to get the katha of the suit schedule property transferred to her name in the year 2006 calling herself as the wife of Venkata Jetty @ Venkatappa. Defendant Nos. 2 and 3 by asserting title to the property are interfering with the plaintiffs possession and enjoyment of the property. It is contended that defendant Nos. 2 and 3 are not in possession of the suit schedule property.